ADVOKS GLOBAL · KENYA
Fisheries Management and Development Act
75. Information, data and records
Edition: 2026-07-10 · In force
75. Information, data and records
(1)The Director-General may, for purposes of this Act, require any person to keep and furnish in such manner and form and at such time as the Director may specify—(a)any information and data, including information relating to fishing, fisheries, aquaculture, landing, research, storage, food safety, processing, buying, selling, exports and other related transactions;(b)accounts, records, returns, documents; and(c)any other information in relation to activities falling within the scope of this Act additional to that specified under this Act.(2)The following categories of persons shall keep such accounts, records, documents, and furnish such returns, data and other information, in accordance with the requirements under this Act—(a)holders of licences or authorizations issued under this Act;(b)owners, operators, legal representatives, and masters of vessels licensed or authorized under this Act;(c)owners and persons in charge of any premises where fish or fish products are received, bought, stored, transported, processed, sold, or otherwise disposed of;(d)persons who engage in the receiving, buying, selling, transporting, processing, storage, export, import or disposal of fish or fish products;(e)persons who engage in commercial aquaculture activities;(f)persons engaged in recreational fishing;(g)persons engaged in fishing otherwise than for the purpose of sale of the fish caught, including research; and(h)such other persons who may be required to do so by the Director-General pursuant to this Act.(3)The Director-General may, for purposes of verification of accounts, records, documents, returns, or information required to be kept, furnished or communicated in any manner or form under subsection (1) or (2)—(a)audit or inspect any accounts, records, returns or other information or place where such information may be kept;(b)audit or inspect any vessel, processing plant aquaculture establishment or other facility operating under the scope of this Act; and(c)require from any person further information, clarification or explanation regarding any accounts, returns or information kept, furnished or communicated under this section in accordance with such time limits as may be specified or prescribed.(4)A person who—(a)is required pursuant to subsections (1), (2) or (3) to keep, furnish, provide or communicate any accounts, records, returns or other data or information and does not do so as lawfully requested or required; or(b)does not facilitate, assist or comply with the requirements for an audit or inspection undertaken pursuant to subsection (3),commits an offence and shall be liable on conviction to a fine of three hundred thousand shillings or to a term of imprisonment not exceeding five years or to both, and any licence issued pursuant to this Act which is held by such person shall be revoked.