Landmark petition filed to challenge new aquaculture regulations in Kenya

KENYA – Lake Victoria Aquaculture Association (LVA Association) recently filed a constitutional petition in the High Court of Kenya to protect Kenya’s aquaculture sector. 

The Association seeks to halt the implementation of the Fisheries Management and Development (Aquaculture) Regulations, 2024, citing them as punitive and unconstitutional.

The controversial regulations, introduced under Legal Notice No. 126 of 2024, impose a KES 50,000 flat licensing fee and a 5% ad valorem levy on landed fish. 

Stakeholders argue these measures threaten the viability of small and medium enterprises (SMEs) in the sector and undermine Kenya’s economic and food security goals.

The LVA Association contends that the regulations were enacted without adequate consultation, violating constitutional principles of public participation, transparency, and devolution. 

“These regulations, if implemented, would devastate local producers, undermine food security, and reverse the strides Kenya has made in positioning aquaculture as a cornerstone of its Blue Economy,” said Hon. Ochieng’ Mbeo, Chairman of the Association.

Impact on sector and economy 

Aquaculture in Kenya directly supports over 100,000 jobs and sustains the livelihoods of more than 500,000 households. 

The LVA Association warns that these regulations will lead to massive job losses, collapse SMEs in the aquaculture value chain, and distort market prices, making fish unaffordable for many Kenyans. 

Additionally, the increased reliance on imported fish will erode Kenya’s competitiveness as a regional aquaculture hub.

Legal challenges raised 

The petition challenges the regulations on several grounds, including:

• Excessive fees: The flat-rate licensing fee and ad valorem levy disproportionately burden smaller enterprises.
• Constitutional violations: Introducing these fees, functioning as taxes without parliamentary approval, breaches principles of transparency, inclusivity, and good governance.
• Conflict with devolution: The regulations create a parallel licensing regime, duplicating fees and undermining the financial sustainability of devolved county functions.

The petition calls for urgent judicial intervention to suspend the regulations, set to take effect on January 1, 2025. 

The Association advocates for an inclusive, transparent, and constitutionally compliant review process to address stakeholder concerns and ensure equitable solutions.

Despite the legal challenge, the LVA Association emphasises its commitment to constructive dialogue with the government and other stakeholders. 

The goal is to foster policies that support sustainable aquaculture growth, environmental stewardship, and economic empowerment.

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