The High Court has allowed a landmark environmental petition challenging the use of Highly Hazardous Pesticides (HHPs) in Kenya to proceed as a class action, opening the way for individuals and communities affected by exposure to join the case and pursue compensation. In a ruling delivered last month, Lady Justice Grace Kemei granted the request by the African Center for Corrective and Preventive Action (ACCPA) to expand Petition E048 of 2022 into a class-action suit. The petition filed by ACCP through its director James Mwangi Macharia alongside activist Kelvin Mugambi Kubai, seeks to ban the use of dangerous pesticides in Kenya and hold both the government and agrochemical companies accountable for what it describes as a failure to protect citizens from pesticide-related harm. The petitioners filed at the case, while acting on behalf of communities allegedly harmed by exposure to hazardous pesticides, including glyphosate, paraquat, and chlorpyrifos.

The petitioners have sued a wide range of respondents, among them multinational agrochemical giants Monsanto Kenya, Syngenta East Africa, Bayer East Africa, BASF East Africa, and Twiga Chemicals, as well as regulatory and state bodies including the Pest Control Products Board, Ministry of Agriculture, Ministry of Health, Council of Governors, and the Attorney General. They argue that continued exposure has violated Article 42 of the Constitution, which guarantees every Kenyan the right to a clean and healthy environment. At the heart of the case is a call for a judicial order to outlaw specific pesticides, including glyphosate, paraquat, imidacloprid, chlorpyrifos, fipronil, and thiamethoxam. These chemicals, the petition states, are banned or heavily restricted in other countries but remain in widespread use in Kenya on essential crops.

According to the petitioners, prolonged exposure to such chemicals has been linked to serious health risks, including cancer, lung damage, and reproductive harm. Communities living in agricultural zones, where spraying is most common, are said to be disproportionately affected. “The science is clear, and the risks are real,” the petition reads. “Farmers, workers, and consumers face daily exposure to chemicals that compromise their health and degrade the environment.” The petition also accuses the government of failing to enforce adequate regulation or provide protective measures for those most exposed. It points to a lack of transparency and limited public consultation in decisions involving pesticide approvals, leaving farmers with little information about the dangers they face. Another central argument is what the petition describes as “double standards,” where products banned in markets such as the European Union are still marketed and used in Kenya. “This practice treats Kenyan lives as less valuable and exposes the population to preventable risks,” the filing states. As part of its relief, the petition not only seeks a ban on the named pesticides but also calls for compensation for individuals and communities already harmed. The case is scheduled for mention on October 23.