Kenya’s Parliament: If it does not prioritize changes in the maritime laws, the sector will lag behind due to rapid technological and global changes in the state and governance of the blue economy.

Kenya stands at a pivotal moment in its quest to harness the Blue Economy as a cornerstone of national development.

With the Port of Mombasa serving as East Africa’s premier gateway, alongside ambitious plans for Lamu Port and a thriving maritime sector, the country has immense potential to drive trade, create jobs, and become a regional maritime hub.

However, outdated legal frameworks, chronic underfunding, and slow legislative progress threaten to leave Kenya behind in a rapidly evolving global maritime landscape. It is time for the National Assembly to treat maritime legislation as a national priority and fast-track key reforms.

Aligning with global maritime trends
The international maritime industry is undergoing profound transformation. Digitalization is revolutionizing operations through block chain-based cargo tracking, AI-driven predictive maintenance, and smart port systems.

Environmental regulations are tightening, with the International Maritime Organization (IMO) enforcing aggressive decarbonization targets, including the Energy Efficiency Existing Ship Index (EEXI) and Carbon Intensity Indicator (CII).

Meanwhile, autonomous shipping technologies—from remotely operated vessels to fully autonomous surface ships (MASS)—are moving from concept to reality, promising greater efficiency and safety.

Kenya’s Merchant Shipping Act (2009) and Kenya Maritime Authority (KMA) Act were progressive for their time but now lag behind these developments. Amendments are urgently needed to incorporate provisions for digital maritime services, green shipping incentives, cyber risk management, and regulatory readiness for autonomous vessels.

Without these updates, Kenya risks non-compliance with international conventions, deterring major shipping lines, losing competitiveness to ports in Tanzania, Egypt, or South Africa, and missing out on foreign direct investment in green and digital maritime infrastructure.

Critical legislative priorities
Parliament must prioritize several interconnected reforms to build a robust, transparent, and competitive maritime ecosystem.
First, enact the Bandari Maritime Academy Bill 2023. Bandari remains Kenya’s premier institution for seafarer training, yet it operates without a strong legal foundation. Fast-tracking this Bill would professionalize maritime education, ensure compliance with the Standards of Training, Certification and Watchkeeping (STCW) Convention, and address long-standing issues such as fragmented training programs and inadequate instructor qualifications.

Second, establish a National Merchant Navy Training Board. This body would serve as a central coordinating mechanism for maritime training standards, curriculum development, industry partnerships, and quality assurance across all institutions.

Third, fast-track the issuance of Seafarers’ Identity Documents (SID), fully aligned with ILO Convention No. 185. These documents are essential for enhancing the mobility, welfare, and employability of Kenyan seafarers in the global labor market.

Fourth, develop and adopt a Magna Carta for Kenyan Seafarers. This comprehensive charter would enshrine the rights, protections, welfare, and working conditions of Kenyan seafarers—addressing fair contracts, medical care, repatriation, pensions, and protection from exploitation.

Fifth, formulate clear policy guidelines on key operational aspects of the seafaring profession, including: recruitment and replacement of seafarers; nomination of cadets for shipboard training at sea; standardization and formalization of crewing management; and transparent management of cadet nominations for onboard training.

These guidelines are critical to eliminating inconsistencies, curbing corruption, ensuring merit-based selection, and building trust with international ship-owners. They will professionalize the entire crewing and training pipeline, making Kenyan seafarers more competitive and reliable globally.

The funding crisis
Even the best laws will remain ineffective without resources. Inadequate budgetary allocation has consistently slowed the implementation of critical maritime projects—from infrastructure upgrades and search-and-rescue capabilities to environmental protection initiatives and data systems for the Blue Economy.

Recent budget reviews have highlighted significant shortfalls in the State Department for Shipping and Maritime Affairs, with gaps running into billions of shillings. This underfunding undermines Kenya’s ability to meet its strategic objectives and limits participation in international maritime forums.

The National Assembly must champion increased and ring-fenced funding for the maritime sector in upcoming budget cycles. Investing in KMA, KPA, TUM, Bandari Maritime Academy, the proposed Merchant Navy Training Board, and the development of vital policy guidelines is not an expense—it is strategic capital that will generate multiplier effects through enhanced port revenues, job creation, ship registration, and ancillary industries.

Economic and strategic imperative
A modernized maritime sector would amplify Kenya’s Blue Economy contribution, which currently stands at under 2% of GDP despite vast potential.

Efficient, green, and digitally enabled ports, combined with a well-trained, protected, and professionally managed merchant navy, would attract more transshipment traffic, reduce logistics costs for importers and exporters, create thousands of direct and indirect jobs, and support Vision 2030 and the Bottom-Up Economic Transformation Agenda.

Moreover, in an era of climate urgency, Kenya has an opportunity to position itself as a leader in sustainable maritime practices in the Western Indian Ocean region—attracting green investments, carbon credits, and partnerships.

A call to action
The National Assembly must rise above routine bureaucracy and treat these maritime bills and initiatives as emergency national development matters. The Merchant Shipping (Amendment) Bill, Kenya Maritime Authority (Amendment) Bill, Bandari Maritime Academy Bill 2023, the establishment of the Merchant Navy Training Board, the Magna Carta for Kenyan Seafarers, comprehensive seafarer recruitment and training policy guidelines, and related reforms deserve swift passage in the current session.

Kenya cannot afford to navigate these turbulent global waters with outdated charts and empty fuel tanks. The time for half-measures is over. By fast-tracking these reforms and committing adequate resources, Parliament will unlock the full potential of Kenya’s maritime sector, secure its place in the global Blue Economy, and deliver tangible prosperity to coastal communities and the nation at large.

The waves of change are already here. Kenya must choose to ride them—or risk being left behind.

 

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