The National Biosafety Authority (NBA) was established to exercise general supervision and control over the development, transfer, handling and use of GMOs with a view to ensuring safety of human and animal health and provision of an adequate level of protection of the environment. The Biosafety Act, No. 2 of 2009, Section 52(a) provides that any person who imports, places on the market a GMO without the approval of the Authority commits an offence and is liable on conviction to a fine not exceeding twenty million shillings, or to imprisonment for a term not exceeding ten years, or both.
We wish to notify the importers and all other stakeholders that it is illegal to handle or import any food containing a genetically modified organism (GMO) into Kenya without NBA Approval. The Government of Kenya on 8th November 2012 through a Cabinet decision instituted a ban on importation of all GM food into the country. The ban is still in force.
Contrary to the law and the ban, the Authority in its routine surveillance has come across unauthorized importation of Knorr Aromat, certain brand of cornflakes, cereals, popcorns and other corn-based products declared to contain GMOs and we have taken necessary measures as per the law. The Authority has recalled some of the products from the shelves and importers who have flouted the law have cases going on in courts.
All regulatory agencies involved in the clearance of cargo at ports and all entry points should be aware and are required to enforce the same measures at all entry points.
LIST OF GM CROPS AND WHERE THEY ARE CURRENTLY CULTIVATED OR WHERE APPROVAL HAS BEEN GRANTED FOR USE AS FOOD, FEED, PROCESSING, OR ENVIRONMENTAL RELEASE AS AT 30TH JUNE 2014