The petitioners want the court to suspend the sale and application of chemicals they claim pose risks to human health, the environment, and pollinators such as bees.
Petition targets multiple pesticides
The petition seeks restrictions on several agrochemicals, including:
- Glyphosate
- Paraquat
- Imidacloprid
- Clothianidin
- Fipronil
- Chlorpyrifos
- Thiacloprid
- Thiamethoxam
- Fenitrothion
- Malathion
- Dinotefuran
The petitioners argue that these chemicals are harmful and require stronger regulation.
Companies and government agencies named
The case lists several agrochemical companies and industry bodies as respondents.
They include the Agrochemicals Association of Kenya, Monsanto Kenya, Syngenta East Africa, Bayer East Africa, BASF East Africa, and Twiga Chemicals Industries Ltd.
Government institutions named in the petition include the Pest Control Products Board (PCPB), the Ministry of Agriculture, the Ministry of Health, the Agriculture and Food Authority, KEPHIS, the Council of Governors, and the Kenya Consumers Protection Advisory Committee.
The Attorney General has also been listed as a respondent.
NGOs raise health and environmental concerns
The petitioners claim the chemicals are dangerous and are sold without adequate warnings.
They cite research linking some pesticides to health risks and environmental damage.
The petition references the International Agency for Research on Cancer’s classification of glyphosate as a “probable human carcinogen.”
It also points to restrictions placed on some neonicotinoid pesticides in the European Union due to concerns over bee populations.
Petition cites constitutional rights
ACCPA and Kelvin Mugambi Kubai argue that continued use of the pesticides violates several constitutional protections.
They rely on:
- Article 42, which guarantees the right to a clean and healthy environment.
- Article 46, which protects consumer rights to safe goods and information.
- Article 26, which protects the right to life.
The petition also claims that some Kenyan agricultural exports have faced rejection in international markets because of pesticide residue concerns.
Court asked to stop pesticide distribution
The petitioners want the Environment and Land Court to declare that the use of the chemicals violates constitutional rights.
They are seeking orders to immediately stop the sale and distribution of the listed pesticides.
They also want the government to develop stronger food safety regulations, compensate affected persons, and promote a transition towards agro-ecological farming practices.
The court is expected to determine whether the petitioners have established grounds for restricting the use of the chemicals pending further proceedings.
