The suspension comes after aquaculture stakeholders raised concerns about punitive fees and lack of public participation.
The High Court has issued a conservatory order suspending the implementation of the Fisheries Management and Development (Aquaculture) Regulations 2024 until February 10, 2025. This decision follows a constitutional petition filed by the Lake Victoria Aquaculture Association (LVA), which argued that the new regulations could harm Kenya’s aquaculture sector and drive up fish prices for consumers.
Regulations Under Fire
The contested regulations, gazetted by the Cabinet Secretary for Mining, Blue Economy, and Maritime Affairs, Ali Hassan Joho, under Legal Notice No. 126, were set to take effect on January 1, 2025. The new rules include:
- A licensing fee of KSh 50,000 for all aquaculture establishments operating in public waters, irrespective of size.
- A 5% ad valorem charge on the value of landed fish.
The LVA contends these fees will increase production costs, making fish less affordable and potentially leading to significant job losses in the sector.
Court Orders Immediate Action
Justice E.C. Mwita issued the suspension after the matter was brought for direction, stating:
“A conservatory order is hereby issued suspending implementation of The Fisheries Management and Development (Aquaculture) Regulations, 2024, until 10th February 2025.”
The court also set a timeline for case proceedings, directing:
- Pleadings to be served immediately.
- Responses to the application and petition to be filed within 14 days of service.
- Petitioners to submit supplementary affidavits and written submissions within an additional 14 days if necessary.
Further directions will be provided on February 10, 2025.
Stakeholder Concerns
The LVA claims the regulations unfairly target small-scale aquaculture enterprises, many of which employ women and youth. They argue the new fees are punitive and fail to consider the varied capacities of different businesses.
Pete Ondeng, LVA Board Secretary, highlighted the potential impact:
- Increased fish prices undermining food security objectives.
- Significant job losses in an industry directly employing over 100,000 people and supporting 500,000 households.
- Lack of public participation in drafting the regulations, a violation of constitutional requirements.
The petitioners have requested the court to declare the regulations unconstitutional, discriminatory, and invalid, citing a breach of stakeholders’ legitimate expectations.
Looking Ahead
As the case progresses, the aquaculture sector and consumers alike will watch closely. The LVA’s fight underscores the importance of balancing regulatory measures with stakeholder interests to ensure the sustainability of Kenya’s food security and economic growth.
