ADVOKS GLOBAL · KENYA
Fisheries Management and Development Act
49. Pollution of the Kenya Fishery Waters
Edition: 2026-07-10 · In force
49. Pollution of the Kenya Fishery Waters
(1)No person shall prepare for the introduction of, attempt to introduce or introduce into the Kenya fishery waters, directly, indirectly, deliberately, any deleterious article or substance, including articles or substances which may have toxic, hazardous or other harmful properties or effects in relation to fish or the marine environment, and which may adversely affect the habitat or health of the fish.(2)A person who contravenes subsection (1) is guilty of an offence and shall be liable on conviction to fine not exceeding five million shillings or to a term of imprisonment not exceeding ten years or to both, and in addition shall be liable to pay compensation in respect of any resulting loss or damage as well as the full cost of restoring the affected habitat and fishery resources to their previous state.(3)The Director-General may suspend or cancel the licence of a vessel to which this section applies until such time as all fines, penalties and damages have been satisfied.(4)Notwithstanding subsection (2), in the event of an accidental introduction into the Kenya fishery waters of any deleterious article or substance prohibited in subsection (1), or in the event of encountering such articles, the owner, operator or master of the vessel shall immediately report the incident to the Director-General giving the following information to the extent possible—(a)the name of the reporting person and, as appropriate, the name and call sign, if any, of the vessel from which the introduction or encounter occurred;(b)the nature of the article disposed or encountered;(c)the location of the article or substance; and(d)the time and date of the incident.(5)Unless it is provided otherwise, the provisions of section 93 of the Environmental Management and Co-ordination Act (Cap. 387), shall apply to offences involving discharge of pollutants under this Act.