We describe the ruling of the Machakos High Court (Kenya) of November 27, 2025, in which parts of the Seeds and Plant Varieties Act were deemed unconstitutional. Kenya's Seeds and Plant Varieties Act covers both seed legislation and plant breeders' rights. In their successful lawsuit, the plaintiffs challenged articles from both parts of the Act.
In this summary, we focus on the part of the lawsuit that was directed against the Kenyan plant breeders' rights legislation. Kenya is a member of UPOV 91, and its legislation is therefore considered in line with UPOV 91.