The National Biosafety Authority (NBA) has announced that it will crack the whip on institutions dealing with research on Genetically Modified Organisms (GMOs) and their derived products that are yet to register after the lapse of three-month notice.
The Authority in October last year, issued a notice to institutions dealing with research on GMOs to regularise their approval with the Authority in which no penalty was to accrue during the period.
In a press statement, Josephat Muchiri, Acting Director Biosafety Research and Compliance at the Authority cautioned that after the deadline, anyone who will be found to be dealing with GMOs without a permit from NBA will be dealt with legally as per the Biosafety Act.
“We will be sending our Officers later this year to visit the institutions and do physical verification,” added Muchiri.
Section 18(1) of the Biosafety Act 2009 prohibits any person from conducting any activity involving GMOs without the written approval of the Authority. The activities include; research, placing on the market, import, transit or export of GMOs.
The notice was to any person or institution carrying out any of the above activities including in plants, animals, microorganisms and research in pharmaceuticals and vaccines.
In November last year, the High Court ruled to re-affirm the Cabinet’s decision of October 3,2022 that Kenya has a robust legal, regulatory and institutional framework to regulate GMOs.
The Authority is mandated to exercise general supervision and control over the transfer, handling and use of GMOs with a view of ensuring safety of human and animal health and provision of adequate level of protection of the environment.
Further, the Authority is also the National Focal Point for the implementation of the Cartagena Protocol on Biosafety.
At the same time, the Act also makes it an offence liable for a fine for any person who makes contained use of, releases into the environment, places on the market, imports or exports a genetically modified organism without the approval of the Authority; contravenes any conditions attached to an approval under this Act or fails to furnish any information as required by this Act.
It is also an offence for any person who uses a genetically modified organism in a manner inconsistent with the approval granted by the Authority or for unethical purposes.
A person who commits such an offence is liable on conviction to a fine not exceeding Sh20 million, or to imprisonment for a term not exceeding ten years, or both.
Meanwhile, Kenya has approved 58 GMO projects – 40 for contained use in the laboratory or greenhouse, 15 for confined field trials, and three for environmental release or commercial cultivation.
The three that have been approved for commercial cultivation are Bt cotton, which was commercialised in January 2020; Bacillus thuringiensis (Bt) corn which was approved by NBA in October 2022 and is under evaluation by the Authority, and virus-resistant cassava, which is undergoing National Performance Trials.
By Michael Omondi