 Bordering the Indian Ocean between Somalia and Tanzania, Kenya’s coastline measures about 600 kilometers in length. Within the country are also inland waterways that include Lakes Turkana, Baringo, Naivasha and Victoria. Concerns on marine environment relate to water pollution from ship operational wastes, urban and industrial wastes, degradation of water quality from increased use of pesticides and fertilizers, deforestation, soil erosion and desertification.
Fishing is an important economic activity and a valuable source of protein. Six seagoing fishing vessels of slightly above 1,000 GRT (Gross Registered Tonnage) are recorded on the Kenya Ships Register but most fishing is undertaken by artisan fishermen. Only about 10% of the traditional fishing craft is motorized with the rest comprising of small non-motorized boats such as out-riggers, dhows and planked pirogues.
The protection of the marine environment and living resources is very important to Kenya’s economy as she relies heavily on tourism and fisheries both of which would be adversely affected by any oil/chemical pollution incident on her shores or inland waters. Kenya also relies almost exclusively on shipping for her imports and exports.
It is estimated that 50 ships of various types are in the major shipping lanes off the Kenyan coast at any given time. Up to ten of these are likely to be oil tankers with displacements ranging from 50,000 to 250,000 tons. The Mombasa port plays an important role in servicing the trade needs of the transit countries of Uganda, Democratic Republic of Congo, Rwanda, Burundi and Southern Sudan among others, with transit traffic using what is commonly referred to as the “Northern Corridor.”
In pursuit of its agenda in maritime transport and to further strengthen its maritime administration, the Government of Kenya established Kenya Maritime Authority (KMA) in 2004, for the purpose of transferring areas of responsibility over shipping concerns from the Merchant Shipping Department of Kenya Ports Authority to an independent Governmental Authority (parastatal). Thus KMA under the Incorporation Order is responsible for Port and Flag State implementation of various international instruments relating to maritime transport. The Authority aims to broaden and modernize the institutional and legal framework for the implementation of maritime safety, security and the preservation of the marine environment.
National maritime legislation remains one of the primary tools for attaining international standards in safety and security and the preservation of the marine environment. Only through such regulations can the Government enforce international maritime conventions, especially those emanating from the International Maritime Organization (IMO). Such rules and regulations are also relevant for the implementation of national maritime safety, security and marine environment conventions/programmes.
A relevant development to KMA’s mandate and activities is the Kenya Government’s decision on private sectors’ involvement in the operations of Mombasa Port. In this context there shall be a need to update and revise national commercial maritime legislation to complement the activities of KMA by taking on board recent developments in the international maritime field. Commercial legislation will also enhance the development especially of an international vibrant shipping industry and help the Government not only achieve its objectives under the current Poverty Reduction Strategy but also the United Nations Millennium Development Goals (MDG).
The statutes that guide the operations of Kenya Maritime Authority are the KMA Act 2006 and the Merchant Shipping Act, 2009 which came into effect on 1st September 2009. Establishment of KMA therefore marked a major milestone in Kenya's maritime industry. |
