Informations et ressources scientifiques
sur le développement des zones arides et semi-arides

Titre : Towards a flexible plant breeders’ rights system in Kenya

Auteur : Munyi, Peter Gitahi

Université de soutenance : Wageningen University

Grade : Doctor 2017

Résumé
This thesis is a study of the relationship between plant breeders’ rights on the one hand and access to seeds and planting material on the other for smallholder farmers in Kenya. The objective of the thesis is to enquire whether the legal spaces that exist within plant breeders’ rights legislation can enable smallholder farmers to positively contribute towards Kenya overcoming food security problems. Kenya is selected as the study area because agriculture provides the bulk of employment and livelihoods in the country. Yet most of the farmers are smallholders, obtaining seed and planting material from informal sources and therefore they do not provide a market for protected varieties of seed.

The thesis examines whether legal and policy frameworks that have evolved overtime have spaces for support of smallholder farmers. In this process, seeds systems that operate in Kenya are discerned. Thereafter, the thesis maps out legal frameworks governing plant breeders’ rights in Kenya and their implications for smallholder farmers taking into account international treaties and regional processes. It is observed that Kenya’s international obligations in plant breeders’ rights and plant genetic resources for food and agriculture influence smallholder farmers’ access to seeds and planting material. Furthermore, there are risks, concerns and uncertainties that will arise as sub-Saharan African countries (Kenya included) harmonize their plant breeders’ rights legislations. Finally, an enquiry is made into whether there are any existing legal spaces within the current plant breeders’ rights frameworks for rights holders and policy makers that could facilitate access to seeds and planting material for smallholder farmers. This enquiry is made with a view to consider whether through these spaces, smallholder farmers may contribute towards Kenya overcoming its food security problems.

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