The High Court has issued a conservatory order suspending the implementation of the controversial Fisheries Management and Development (Aquaculture) Regulations, 2024, until February 10, 2025. The ruling came after a petition was filed by the Lake Victoria Aquaculture Association (LVA) on December 23, seeking to halt the new regulations, which were set to take effect on January 1, 2025.
Justice E.C. Mwita, in his ruling, directed that the government and relevant parties file responses within 14 days. The petitioner, the LVA, will also have 14 days to file a supplementary affidavit if necessary, with the matter to be reviewed further on February 10, 2025. The court’s decision to halt the regulations’ implementation until that date provides stakeholders in the aquaculture sector some relief as they continue to contest the new policies.
The regulations, gazetted by Cabinet Secretary Ali Hassan Joho for Mining, Blue Economy, and Maritime Affairs in Legal Notice No. 126, introduced several measures, including a Sh50,000 licensing fee for aquaculture establishments operating in public waters, regardless of their size, and a 5% ad valorem fee on the value of landed fish. These changes have sparked concerns from industry stakeholders, particularly the LVA, who argue that the new fees could have a devastating impact on the sector.
The LVA, in its petition, contends that the regulations are not only punitive but also fail to account for the scale of operations in the aquaculture industry. Most enterprises in the sector are small-scale operations that employ fewer than 10 people, many of whom are women and youth. The association also claims that the fees would increase the cost of doing business in the sector, ultimately driving up the price of locally produced fish, making it less affordable for Kenyan consumers.
Moreover, the petitioners argue that the new regulations are unconstitutional, citing a lack of public participation during the gazetting process. Public participation is a key constitutional requirement for regulations that affect citizens’ rights, yet the LVA claims that this was not properly undertaken.
With over 100,000 people directly employed in the aquaculture sector and more than 500,000 households supported by it, the LVA warns that the regulations, if implemented, could lead to significant job losses and undermine Kenya’s food security objectives. As the court case progresses, stakeholders in the aquaculture industry are watching closely, hoping for a resolution that addresses their concerns.
