A coalition of fisheries stakeholders has proposed far-reaching amendments to Kenya’s proposed Fisheries Bill, warning that the current draft risks undermining devolution, enabling double licensing, and weakening conservation efforts across the country’s aquatic ecosystems.
In submissions presented before the Committee on Blue Economy, Water and Irrigation, led by the Chairperson, Kangogo Bowen (Marakwet East), the stakeholders have called for clearer recognition of county governments in fisheries management, noting that fisheries is a devolved function under the Constitution’s Fourth Schedule.
The schedule outlines the specific functions and powers devolved to the County Government,s including agriculture, county health services, control of pollution and public nuisances, cultural activities, county transport, animal control, trade development, county planning, and pre-primary education.
Stakeholders also want Clause 4 amended to promote intergovernmental collaboration through the inclusion of ensuring effective co-operation between the National and County Governments in the sustainable development, management, utilization, and conservation of fisheries and other aquatic resources.
The Bill is proposing the creation of a national strategy to guide implementation of blue economy initiatives where the Cabinet Secretary shall within one year of the commencement of this Act and every five years thereafter following public participation formulate a blue economy strategy and he/she shall submit annual reports to Parliament on the implementation of the Blue Economy strategy including implementation of international agreement and obligations.
According to the stakeholders, licensing emerged as one of the most contentious issues, with stakeholders opposing the centralisation of licensing authority at the national level.
The Bill in its recommendations include the establishment of a unified licensing framework across counties, mandatory public participation before any fee adjustments, and the introduction of mutual recognition provisions between national and county authorities.
On Beach Management Units (BMUs), which are at the centre of the reform proposals, with stakeholders pushing for their formal entrenchment within the Act where an amendment to Clause 36 has been proposed to provide for the structured establishment of BMUs at the county level.
The act also further will ensure that that each County shall have Beach Management Unit consisting of a chairperson appointed by the Cabinet Secretary being a person, a fisheries officer based in the respective administrative county nominated by the Director-General and who shall be the secretary and a county fisheries officer based in the respective administrative Conservation Area established by the Service and nominated by the respective county executive committee member.
The stakeholders told the MPs that to protect fishers from encroachment and improve safety, stakeholders recommended strengthening Clause 49 by replacing discretionary language with mandatory provisions to be amended by deleting the word “may” and substituting therefor the word “shall.”
As cage farming expands across Kenya’s lakes and coastal waters, stakeholders are proposing stricter environmental protections. A new clause would require operators to post rehabilitation guarantees.
According to the stakeholders, a person wishing to engage in commercial aquaculture shall provide a bond or some other form of financial security in this section called an environmental protection bond sufficient to cover the costs associated with theimplementation of the environmental and rehabilitation obligations of the holder under this Act, including waste management.
The proposals are expected to inform ongoing consultations between the Ministry and county governments as Kenya seeks to balance conservation, livelihoods, and investment under its evolving blue economy agenda.
