Stakeholders demand complete withdrawal of the proposed legislation, calling for a ministry-led process to craft a modern law fit for the multi-billion shilling Blue Economy.
KISUMU, Kenya, September 2 – The proposed Fisheries Management and Development Bill, 2024, is facing strong condemnation from industry leaders who have termed it a “copy-and-paste” of outdated legislation that fails to address the modern realities and economic potential of Kenya’s aquaculture and blue economy sectors.
The strong criticism emerged during a public participation forum convened by the National Assembly’s Departmental Committee on Blue Economy in Kisumu, where stakeholders unanimously called for the bill’s immediate withdrawal.
Leading the onslaught, Pete Ondeng, Board Secretary of the Lake Victoria Aquaculture Association (LVA), argues that the draft law ignores key technological and regulatory advancements made over the past seven years.
He warned it would stifle the growth of aquaculture, which is critical to meeting Kenya’s fish demand.
“This bill is simply a replication of the 2016 Act. A lot has evolved in this sector from technology to global best practices yet none of that is captured here,” Ondeng stated in his submission.
Ondeng said that: “It does not properly recognise aquaculture, which is where the biggest opportunities lie.”
He further raised fundamental procedural concerns, questioning why Parliament was driving the legislation instead of the Ministry of Mining, Blue Economy and Maritime Affairs.
“It is like Parliament drafting a bill on health without the involvement of the Ministry of Health. The ministry should be the driver of this process,” he told the committee.
“For them to stand on the sidelines while Parliament pushes the agenda raises serious concerns.”
He emphasised that treating aquaculture as a mere annexe to wild fisheries undermines its commercial potential.
“Aquaculture is commercial fish farming. Many countries have enacted stand-alone aquaculture development laws. Here, it is treated as an afterthought… That is lip service.”
Echoing these sentiments, Jonathan Masaba, Kakamega County Director of Fisheries, noted that the bill’s focus on lake regions sidelines inland counties pivotal to on-farm fish production.
He proposed the creation of separate, dedicated laws for aquaculture and inland water bodies to strategically boost national production.
Representatives from Lake Victoria’s Beach Management Units (BMUs) also advocated for formal inclusion, requesting stipends for their leaders who play a critical role in enforcing regulations on the grounds.
In response, Marwa Kitayama, Vice Chairperson of the Committee and Kuria East MP, assured stakeholders their recommendations would be considered.
He stated that additional forums would be held in Siaya, Migori, Homa Bay, Naivasha, and the coast before a final draft is compiled.
Hon Kitayama defended the bill’s intent, citing the urgent need to address illegal fishing and depleted fish stocks in Lake Victoria, which he called “a big threat to food security.”
The dispute over the bill highlights a critical juncture for Kenya’s food security. The nation consumes an estimated 600,000 metric tonnes of fish annually but produces less than half, relying heavily on imports.
With natural stocks in Lake Victoria dwindling due to overfishing and pollution, the government’s blueprint for self-sufficiency hinges on a thriving, well-regulated aquaculture sector—a future stakeholders fear this bill in its current form will jeopardise.
In its recent reports, the Kenya National Bureau of Statistics, the production of fish has dipped from a high of 86,400 tonnes in 2022 to a low of 70,300 tonnes in 2023.
“We have an annual deficit of 365,000 tonnes against the national demand of 500,000 tonnes,” the report reads in part.
Recommendations
In a submitted memorandum to the House team and copied to other relevant state departments, LVA calls for the drafting of a standalone Aquaculture Development and Regulations Bill, completely separate from the FMD Bill.
“It should have specific investment, innovation, commercialisation,and environmental provisions.”
They voiced their support for the creation and release of a National Aquaculture Policy and Strategic Plan before or simultaneously with any regulatory framework.
Additionally, the establishment of well-defined regulations for aquaculture development, including site selection, water quality standards, and disease management, to minimise environmental impacts.
“Legislate precise R&D funding mechanismspportedby law, including aquaculture incubators and grants.”
Aquaculture operators, they noted, should be offered secure tenure rights to ensure long-term investments and sustainable practices.
Furthermore, they urged the government to establish a Devolution Coordination Framework comprising of a statutory intergovernmental forum to align both tiers of government national and County strategies with Aquaculture.
The lakeside county’s industry players’ unified plea is for a reset, as Ondeng emphasised that: “Our plea is not for amendments. This bill needs to be withdrawn.
“Let’s go back to the table, do it right, and come up with legislation that recognises the evolution of this sector and positions Kenya to compete globally.”
