The High Court has issued conservatory orders suspending the implementation of the Fisheries Management and Development (aquaculture) Regulations 2024.
This follows a petition filed at the Milimani High Court in Nairobi by Lake Victoria Aquaculture Association (LVA) to contest the new regulations recently gazzetted by Mining, Blue Economy and Maritime Affairs Cabinet Secretary (CS) Ali Hassan Joho to take effect on 1st January 2025.
High Court Judge Chacha Mwita on Saturday issued a conservatory order suspending the implementation of the regulations until 10th February 2025.
The judge ordered Mining, Blue Economy and Maritime Affairs Cabinet Secretary (CS) Ali Hassan Joho and the Attorney General (AG) Dorcas Oduor who are listed as the first and second respondents in the petition to file their responses within 14 days.
Mwita further gave the petitioner 14 days to file and serve a supplementary affidavit, if need be, together with written submissions to both the application and petition ahead of further directions on the matter to be issued on February 10, 2025.
The new regulations which were set to take effect on 1st January 2025 seek to introduce a Sh. 50,000 licensing fee on all aquaculture enterprises in public water bodies and a 5% ad valorem fee on the value of landed fish.
The Lake Victoria Aquaculture Association (LVA) filed a constitutional petition on December 23, seeking to halt the implementation of the regulations.
The association argues that the Sh. 50,000 licensing fee on all aquaculture establishments operating in public waters—regardless of their size—coupled with a 5 per cent ad valorem fee on the value of landed fish would increase the cost of doing business within the sector.
According to the petition, these new charges would drive up the price of locally produced fish, making it less affordable for Kenyan consumers.
The LVA further claimed that the regulations could lead to significant job losses in an industry that directly employs more than 100,000 people and supports more than 500,000 households.
The LVA Board Secretary, Pete Ondeng, stated in a sworn affidavit that the regulations fail to account for the scale and capacity of various aquaculture enterprises.
Ondeng noted that most of the enterprises were small-scale operations that employed between 5 and 10 people, many of whom are women and youth.
The association further claimed that the proposed ad valorem fees undermined Kenya’s food security objectives by making the cost of production—and ultimately, the price of fish prohibitively high.
Ondeng also faulted the Cabinet Secretary for failure to conduct public participation before gazetteing the regulations.
The association pleaded with the court to rule that the new licensing and ad valorem fees are discriminatory, unconstitutional, and in violation of the legitimate expectations of stakeholders in the aquaculture industry.
By Chris Mahandara
