Kenya is reviewing its legal framework around the blue economy, with proposals that will see authorities take stock of fish and related resources to determine priority areas for protection.

The proposals are contained in a draft law now before Parliament which, if passed, could introduce policy changes to protect, invest in and boost the blue economy.

First drafted in 2023, the Fisheries Management and Development Bill was originally meant to amend an existing law but has become the main draft after a court nullified the previous legislation for violating the Constitution. It had been passed without adequate public participation, the court ruled in December 2024.

The new draft law seeks to protect communities that rely on fishing, sets requirements on fishing gear to prevent depletion and exploitation, and mandates agencies to map fish stocks in lakes, rivers and the Indian Ocean. It also encourages cooperation with neighbouring countries that share water bodies to reduce harassment of fishing communities.

Lawmakers say the National Assembly’s Departmental Committee on Blue Economy, Water and Irrigation has addressed loopholes by consulting fishing communities in key counties including Kisumu, Homa Bay, Turkana, Mombasa and Kilifi.

New agenciesThe Bill proposes the establishment of the Kenya Fisheries Service, a new agency to manage and regulate the sector in collaboration with an advisory council and a director-general responsible for daily operations.

To crack down on illegal fishing and strengthen oversight of Kenya’s water bodies, including the Indian Ocean and Lake Victoria, the Bill introduces a Monitoring, Control and Surveillance (MCS) Unit.

According to Majority Leader Kimani Ichung’wah, foreign vessels have exploited Kenya’s marine resources due to weak surveillance.“You cannot manage any resource without knowing what you have,” he said.

Under the proposed framework, two key funds will be established: the Fish Levy Trust Fund and the Fisheries Research Fund, aimed at supporting growth, capacity building and research. A Fish Marketing Authority will also be created to streamline the sale of fish and fish products. However, critics warn this could duplicate roles already performed by existing agencies, potentially increasing bureaucracy.

During public participation, fishermen raised concerns over multiple licensing requirements, with some required to obtain up to eight different licences from various agencies.

The Bill seeks to address this by streamlining the licensing system, harmonising national and county roles and tackling the illegal use of fishing gear, according to Kangogo Bowen (Marakwet East MP), who seconded the Bill.

The Bill also recognises Beach Management Units (BMUs), grassroots organisations expected to play a central role in governance and environmental protection at landing sites, at a time when Kenya is expanding aquaculture and cage fish farming.

With growing conflicts among fishermen, driven by declining fish stocks, particularly in Lake Victoria, lawmakers say stronger regulation is urgently needed. Overfishing, destruction of breeding sites and weak enforcement have exacerbated tensions, underscoring the need for a more robust legal framework.

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