Fisheries &
Blue Economy
Lawyer in Mombasa

Yes. There is no blanket prohibition on foreign ownership of fishing companies in Kenya. A foreign investor can incorporate a Kenyan limited company and hold shares in a fishing operation. However, certain categories of fishing — particularly artisanal and small-scale fishing in territorial waters (within 12 nautical miles) — may be reserved for Kenyan citizens or Kenyan-owned vessels under the Fisheries Management and Development Act and subsidiary regulations. For deep-sea and EEZ fishing, foreign participation is more common, often structured through joint ventures with Kenyan partners or through access agreements. We structure foreign investment in fisheries through properly documented Kenyan companies with protective shareholder agreements, ensure compliance with the Kenya Fisheries Service ownership disclosure requirements, handle KRA registration and Foreign Investment Protection Act certificates where applicable, and ensure the investment structure satisfies both fisheries legislation and the Companies Act requirements for foreign-owned entities.

Beach Management Units (BMUs) are community-based organizations established under the Fisheries Management and Development Act to co-manage fisheries resources at the local level. They operate at designated fish landing sites along Kenya's coast and inland water bodies. BMUs have significant regulatory powers including: registering fishers and fishing vessels at their landing site, monitoring catches and enforcing local fisheries bylaws, collecting landing fees and levies, participating in fisheries management decisions with county and national government, and resolving local fishing disputes. For fishing companies, BMUs can affect your operations in several ways — they control access to landing sites, can restrict fishing methods or seasons at their locations, and their registration requirements add another compliance layer. When disputes arise between operators and BMUs — over access, levies, registration or enforcement actions — we represent fishing companies and individual fishers before county tribunals and the courts to protect their legitimate fishing rights.

Starting an aquaculture operation in Kenya requires approvals from multiple agencies. The core permits include: (1) an aquaculture facility licence from the Kenya Fisheries Service — this authorises the type of aquaculture (pond culture, cage culture, mariculture), species to be farmed and the production capacity, (2) an Environmental Impact Assessment (EIA) licence from NEMA — mandatory for any aquaculture project that may impact the environment (virtually all commercial operations), (3) a water abstraction permit from the Water Resources Authority if you are drawing water from rivers, lakes or groundwater, (4) a county government land use/development permit for the farm site, (5) KEBS certification if you are processing fish products for domestic or export markets, (6) a Kenya Maritime Authority authorisation if your operation involves offshore structures (cage farming in the ocean), and (7) a county single business permit. For operations in mangrove areas, additional NEMA approvals under the Environmental Management and Co-ordination (Wetlands, River Banks, Lake Shores and Sea Shore Management) Regulations are required. We coordinate all applications as a single managed process — so you don't lose months navigating agencies individually.

When a fishing vessel is seized by the Kenya Fisheries Service, Kenya Coast Guard Service or Kenya Navy for fisheries violations, the vessel and catch are detained pending investigation and potential prosecution. Under the Fisheries Management and Development Act 2016, the penalties for offences include: fines of up to KES 20 million for serious offences (such as fishing without a licence, fishing in prohibited zones, using banned gear or failing to comply with VMS requirements), forfeiture of the vessel, fishing gear and catch, imprisonment for up to five years for certain offences, and cancellation of fishing licences. You have the right to legal representation immediately upon seizure. We advise vessel owners and operators to: (1) not make any admissions to enforcement officers, (2) contact us immediately — within hours, not days, (3) preserve all documentation (licence, VMS records, logbooks, crew lists), and (4) not sign any documents without legal advice. We challenge unlawful seizures, apply for vessel release pending investigation, negotiate settlements where appropriate and defend fishing companies in prosecution proceedings — acting with the urgency that a grounded vessel demands.

IUU stands for Illegal, Unreported and Unregulated fishing. It is a major international concern and the subject of strict enforcement regimes — particularly the EU IUU Regulation, which requires catch certificates for all fish imported into the European Union. For Kenyan fishing companies, IUU compliance affects you in two critical ways: (1) domestically — the Kenya Fisheries Service enforces IUU provisions through the Fisheries Management and Development Act, requiring licensed operations, accurate catch reporting, Vessel Monitoring Systems (VMS) on all commercial vessels and compliance with quota and zone restrictions. Vessels found engaged in IUU fishing face seizure, fines and licence revocation. (2) For export — if you export fish or fishery products to the EU, Japan, the US or other regulated markets, your catch must be traceable from vessel to plate. Kenya's catch certification scheme (administered by KFS) must demonstrate compliance with international standards. Non-compliance can result in trade sanctions — the EU has placed countries on warning lists and banned seafood imports from non-compliant states. We advise fishing companies on full IUU compliance — VMS installation, catch documentation, logbook standards, port state measures and export certification procedures — ensuring your products are market-ready.