The Lake Victoria Aquaculture Association (LVA) has filed a constitutional petition at the Milimani High Court, Nairobi seeking to suspend the implementation of the Fisheries Management Development (Aquaculture) Regulations 2024.
The new regulations, which were recently gazetted by the Cabinet Secretary (CS) for Mining, Blue Economy, and Maritime Affairs, Ali Hassan Joho, in Legal Notice No. 126, are set to take effect on January 1, 2024.
The association argues that the new regulations, contain punitive licensing fees and ad valorem charges, which if implemented could severely cripple the aquaculture sector, which has been a significant contributor to Kenya’s food security and economic development.
LVA contends that the sixth schedule of the regulations, which imposes a Sh50,000 licensing fee on all aquaculture establishments operating in public waters, regardless of their size, coupled with a 5% ad valorem fee on the value of landed fish, would increase the cost of doing business within the sector.
According to the petition, these fees will create a devastating ripple effect across the aquaculture value chain, raising the cost of locally produced fish and making it less affordable for the average Kenyan consumer.
The move, the petitioner argues, could also see significant job losses in the industry, which directly employs over 100,000 people and supports more than 500,000 households.
In a sworn affidavit, LVA Board Secretary Pete Ondeng expressed concerns that the regulations fail to account for the scale and capacity of various aquaculture enterprises.
He explained that most of the enterprises were small-scale operations that employed between 5 and 10 people, many of whom are women and youth.
“The regulations, if implemented, will result in massive job losses, particularly affecting women and youth who rely on these jobs for their livelihoods,” Ondeng stated.
The association further claims 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 pointed out that the Cabinet Secretary did not conduct public participation before gazetting the regulations, a process the petitioners argue is constitutionally required.
The petitioners are asking 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.
They also seek an order temporarily halting the implementation of the regulations until the case is heard and determined.
By Chris Mahandara
