The Lake Victoria Aquaculture Association (LVA) has appealed against a High Court decision upholding new charges imposed by the government arguing the move would cripple the aquaculture sector.
LVA has moved to the Court of Appeal in an attempt to stop the implementation of the Fisheries Management and Development (Aquaculture) Regulations 2024, which introduced a Ksh 50,000 licensing fee and a 5% ad valorem levy on fish landed by commercial aquaculture operators.
The association says if the law is implemented in its current form, it would affect the sector which supports at least 100,000 jobs and the livelihoods of more than 500,000 households.
“The proposed licensing fees is unsustainable and could force many out of business,” warned Ochieng’ Mbeo, LVA Chairman.
The association wants the Court of Appeal to overturn the judgment delivered on June 29, 2026, by Justice Roselyne Ekirapa Aburili, who dismissed its petition challenging the regulations.
In its Memorandum of Appeal, LVA contests several findings made by the High Court, including the decision that it lacked the legal capacity to institute the petition in its own name.
LVA further disputes the finding that there was adequate public participation in the formulation of the regulations.
The farmers claim the new charges contained in the Sixth Schedule of the regulations were introduced after an earlier consultation process ended without breaking the deadlock.
“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 added.
The High Court dismissed the original petition on June 29, finding that LVA had failed to establish the constitutional violations it had alleged.
The Association also warns that the measures could worsen the plight of farmers already struggling with high feed and other input costs, limited access to financing, inadequate extension services and competition from cheaper imported fish.
LVA argues that the combined effect of the charges could make aquaculture economically unviable, discourage investment and innovation, distort fish prices and undermine Kenya’s food-security objectives.
Despite escalating the matter to the Court of Appeal, the association says it remains open to dialogue.
