Why Governors Are Pushing To Rename Kenya Fisheries Service

Governors have called for the renaming of the proposed “Kenya Fisheries Service” to “Kenya Fishing Service,” arguing that the current name undermines the constitutional mandate of devolved functions.

This came to light during a consultative session between the National Assembly’s Blue Economy, Water and Irrigation Committee and Busia Governor Dr. Paul Otuoma, who also chairs the Blue Economy Committee within the Council of Governors (CoG). The committee, led by Marakwet East MP Kangogo Bowen, is currently collecting stakeholder views on the Fisheries Management and Development Bill, 2023.

Governor Otuoma proposed several amendments to the Bill, emphasizing the need to clearly define the roles of national and county governments in the management of fisheries. He said the current naming of a national agency as “Kenya Fisheries Service” contradicts the Constitution, which classifies fisheries under agriculture—a fully devolved function.

“We propose this naming because agriculture, including fisheries, is a fully devolved function under the Constitution. Naming a national agency as ‘Kenya Fisheries Service’ contradicts this provision and may be seen as an attempt to claw back devolved functions. The Council thus opines a change of the name of the institution to reflect the functional assignment,” said Governor Otuoma.

The CoG also called for the deletion of Clause 36, which governs interactions between national and county governments, saying it contradicts the Intergovernmental Relations Act on how disputes between the two levels of government should be resolved.

The Bill aims to establish a comprehensive legal framework to govern Kenya’s oceans and fisheries, aligning national policy with Vision 2030 as well as international and regional instruments. It also seeks to enhance sustainable use of marine resources and improve investment in the blue economy.

Further proposals by the CoG include redefining several terms to reflect constitutional mandates more accurately and introducing new provisions to define county roles, streamline registration and licensing processes, and allow for appeals when licenses are rejected or revoked.