Kenya’s aquaculture sector is facing renewed uncertainty after the Lake Victoria Aquaculture Association (LVA) moved to the Court of Appeal to challenge government charges imposed on commercial fish farming.
The association is seeking to overturn a High Court decision that upheld the Fisheries Management and Development (Aquaculture) Regulations, 2024. The regulations introduced a Sh50,000 licensing fee and a five per cent ad valorem levy on fish landed by commercial aquaculture operators.
The appeal follows a June 29, 2026 judgment by Justice Roselyne Ekirapa Aburili, which dismissed LVA’s constitutional petition against the regulations. The association has challenged several findings made by the High Court, including its position on LVA’s capacity to institute the case and whether adequate public participation was undertaken before the regulations were introduced.
LVA argues that the disputed Sixth Schedule, which contains the licensing fee and five per cent levy, was introduced after an earlier consultation process had ended. It maintains that stakeholders who would bear the financial impact of the charges were not meaningfully engaged before the provisions were adopted.
The association is also challenging the Government’s authority to impose the charges, the characterization of the five per cent levy as effectively a tax and the potential impact on small and medium-scale aquaculture businesses.
The dispute has continued despite an earlier attempt by the Government and industry to reach a negotiated settlement. Mining, Blue Economy and Maritime Affairs Cabinet Secretary Ali Hassan Joho established a Ministry-Industry task force bringing together government officials, representatives of the Council of Governors, LVA and other stakeholders.
The consultations produced a Joint Communiqué containing recommendations intended to resolve the disagreement. However, LVA says the recommendations have not been implemented, leaving the industry uncertain about the Government’s position.
In a letter dated August 27, LVA Secretary Pete Ondeng told State Department for Fisheries Principal Secretary Betsy Njagi that the association remained interested in finding a practical way to implement the Joint Communiqué. The association has also sought a meeting with Joho to discuss the impasse.
LVA Chairman Ochieng’ Mbeo said the association had initially turned to the courts only after exhausting other avenues for resolving the dispute. He warned that implementing the charges could increase production costs at a time when farmers are already dealing with expensive feeds, limited financing and other operational challenges.
The association estimates that aquaculture directly supports more than 100,000 jobs and provides livelihoods for more than 500,000 households. It argues that higher regulatory costs could reduce investment, discourage innovation, push smaller operators out of business and eventually increase the price of locally produced fish.
The High Court case had also raised questions around devolution and the relationship between national and county governments in regulating commercial aquaculture. The regulations provide a national framework covering licensing, registration, fish health, disease control, monitoring and enforcement, while non-commercial and subsistence fish farmers are exempt from licensing requirements under the Fisheries Management and Development Act.
The levy dispute comes as aquaculture becomes increasingly important to Kenya’s food security and investment ambitions, particularly around Lake Victoria. Industry players have previously warned that uncertainty over the charges could discourage private investment in the sector.
Despite taking the matter to the Court of Appeal, LVA says it remains willing to negotiate with the Government. The association wants the State to implement the recommendations reached through the joint consultation process while the legal questions surrounding the disputed charges continue through the courts.
The outcome of the appeal could therefore have significant implications for the cost of commercial fish production and the Government’s wider plans to position aquaculture as a pillar of Kenya’s Blue Economy.