Our Blog
Blog
Holding Regulators and Agrochemical Giants Accountable — Protecting Farmers, Consumers and the Environment
In a landmark legal win, the team at NGA Advocates successfully represented environmental activists in a decisive case that blocked the the sale and distribution of banned, harmful pesticides in Kenya. Through this litigation, we have reaffirmed that no corporation—no matter how powerful—can place profit over people, and no regulatory agency can abdicate its constitutional responsibility to protect the public and the environment. This victory is more than just a courtroom triumph: it is a turning point in Kenya’s environmental law landscape, reinforcing the rights of farmers to safe food, the rights of citizens to health and a clean environment, and the obligations of regulators to act decisively in the face of scientific evidence of harm.
Victory for Environmental Justice: How NGA Advocates Led the Charge to Halt Toxic Pesticide Sales in Kenya
Background & Legal Mandate
The case stemmed from a petition brought by the African Centre for Corrective and Preventive Action (ACCPA) and environmental activist Kelvin Mugambi Kubai, who challenged multinational pesticide manufacturers and local distributors for continuing to trade in chemicals that have been banned in multiple jurisdictions around the world. Source: Tuko.co.ke – Kenya News.
These substances — including glyphosate, paraquat, imidacloprid, chlorpyrifos, fipronil, and others — are scientifically linked to cancer, reproductive disorders, neurological harm, and other chronic afflictions. Source: Tuko.co.ke – Kenya News.
The petition alleged that Kenyan farmers and consumers have been exposed to these chemicals without adequate warnings or safeguards; that regulators such as the Pest Control Products Board (PCPB) failed in their duty by licensing them; and that agricultural produce has sometimes been rejected on export markets for exceeding safe residue limits. Source: Tuko.co.ke – Kenya News.
In our role as counsel, NGA Advocates prepared the legal strategy, marshaled scientific and regulatory evidence, framed constitutional arguments, and advanced strong equitable remedies — including demands that the court order withdrawal of the chemicals, compel regulators to publish warnings, and compensate affected farmers. Source: Tuko.co.ke – Kenya News.
Legal Arguments & Strategy
Some of the cornerstone legal contentions we advanced included:
1. Constitutional Right to a Clean and Healthy Environment
We argued that continued use and sale of known hazardous chemicals directly violates Article 42 of the Kenyan Constitution, which guarantees every person the right to a clean and healthy environment.
2. Duty of Regulatory Bodies to Act on Scientific Evidence
The PCPB and related authorities were shown to have ignored compelling global scientific and regulatory developments — including bans in the EU, China, and elsewhere — thus failing in their statutory and constitutional mandate to protect public interest. Source: Tuko.co.ke – Kenya News.
3. Precautionary Principle & Polluter Pays
Acting in the face of serious risk, the court was urged to adopt the precautionary approach, and to require that those introducing or profiting from the dangerous substances bear responsibility for remediation and farmer compensation.
4. Public Interest and Irreparable Harm
We demonstrated that allowing sales to continue posed irreversible harm — to health, ecosystems, and food safety — and that injunctive relief was essential to halt the damage while the court determined full remedies.
5. Equitable Relief & Remedies
Beyond injunctions, we urged that affected farmers and communities be compensated; that the government and regulators be ordered to audit and withdraw the offending chemicals; and that stricter regulatory oversight be instituted to prevent future abuses.
Court Outcome & Significance
The court accepted much of the petitioners’ case. With the legal backing of NGA Advocates, the petition succeeded in compelling the government and pesticide manufacturers to cease distribution of the banned substances in Kenya.
- Regulatory agencies cannot ignore scientific consensus or global standards in approving harmful substances.
- Corporations are accountable when trading in dangerous products, even in markets with weaker oversight.
- The constitutional rights of citizens to health, safety, and environmental integrity are enforceable legal rights.
- Litigation is a crucial tool for holding power to account and protecting vulnerable communities, especially farmers.
Ongoing Duties & Challenges Ahead
A judgment, while powerful, is just the beginning. NGA Advocates remains committed to:
- Monitoring enforcement by government agencies and ensuring compliance.
- Supporting affected farmers to claim compensation.
- Advocating reforms to pesticide regulation, including stricter risk assessments, transparency, and public participation.
- Using this precedent to address other environmental health threats and hold public and private actors accountable.
A Message to Stakeholders
To farmers, environmental groups, consumers, and regulators: this win underscores that your rights and voices matter. To other legal practitioners: public interest litigation remains a potent instrument to correct regulatory failures and secure justice. And to multinational and local pesticide firms: doing business in Kenya does not mean bypassing global safety norms or shirking accountability.