Kenya’s aquaculture levy dispute has now escalated to the Court of Appeal, as fish farmers warn that new government imposed charges could cripple an industry that supports more than 100,000 jobs and sustains the livelihoods of over half a million households.
The Lake Victoria Aquaculture Association (LVA), based in Kisumu, has filed an appeal against a High Court ruling 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.
Justice Roselyne Ekirapa Aburili dismissed LVA’s petition on June 29, 2026, ruling that the association lacked the legal capacity to institute the case and that adequate public participation had been conducted. LVA, however, argues that the contentious Sixth Schedule containing the disputed charges was introduced after consultations had ended, without meaningful engagement with stakeholders directly affected.
In its memorandum of appeal, the association contests several findings of the High Court, including the government’s authority to impose the charges, the characterization of the levy as a tax, and the impact of the regulations on small and medium scale aquaculture operators. LVA insists the measures could make aquaculture economically unviable, discourage investment, distort fish prices, and undermine Kenya’s food security objectives.
Chairman Ochieng’ Mbeo said the association had never intended to confront the government but was forced to act after exhausting all other avenues. “Nearly two years into the dispute, it is difficult to understand why a government-initiated process that brought the State and industry players together has failed to produce implementation of the agreed recommendations,” he noted.
Following the initial court challenge in 2024, Mining, Blue Economy and Maritime Affairs Cabinet Secretary Hassan Ali Joho established a joint task force comprising government officials, governors, and industry representatives. The task force produced a Joint Communiqué outlining agreed recommendations, but LVA says the government has failed to implement them.
Secretary Pete Ondeng, in a letter dated August 27, urged Fisheries Principal Secretary Betsy Njagi to facilitate dialogue, stressing that the association’s priority remains finding a practical pathway to implement the communiqué. Despite escalating the matter to the appellate court, LVA maintains it is open to negotiations.
The association warns that the disputed charges could raise the cost of locally produced fish, discourage innovation, and force small-scale farmers out of business. Already grappling with high feed costs, limited financing, and competition from cheaper imports, farmers say the new regulations could push them to the brink.
For LVA, the case now goes beyond legality. It is a test of whether the government will honor commitments made during consultations and whether its ambition of making aquaculture a pillar of the Blue Economy can survive policies that farmers say threaten the very survival of the industry.
APERIT FM, HII NI YETU
