FLTF Regulations validation process
The Fish Levy Trust Fund was established under Section 28(1) of the Fisheries Management and Development Act 2016. Section 28(3) which provides that the object of the fund shall be to provide supplementary funding of activities geared towards management, development and capacity building, awards, and urgent mitigation to ensure the sustainability of the fisheries resource. The object will be attained through the following activities: Mobilize, manage and avail resources for; grants, fisheries awards, capacity building, research and dissemination; Promote fisheries management and conservation; Provide financial resources for urgent mitigation for climate change and natural disasters affecting the livelihoods of the fisherfolk; and Promote public awareness on fisheries conservation and management.
To give effect to the provisions made in the FMD Act, 2016 the FLTF Regulations have been consultatively developed, with the following key stakeholders: State Department for Fisheries, Aquaculture and Blue Economy, Kenya Marine Fisheries and Research Institute, Fish Levy Trust Fund, Kenya Fisheries Service, Kenya Fish Marketing Authority and Sector Working Group on Policy Legislation and Standards.
Participation of the people, inclusivity, transparency, and accountability are constitutional requirements whenever the State or public officer applies the Constitution, enacts any law, or makes or implements a public policy. Further, the objects of devolution give powers of self-governance to the people and enhance their participation in the exercise of the powers of the State and in making decisions affecting them and recognize the rights of communities to manage their own affairs and to further their development. Finally, the values and principles of public service require the involvement of the people in the process of policymaking and part, transparency, and provision to the public of timely and accurate information.
To ensure national wide public participation the fund carried out consultations and stakeholder engagement forums. The regulations were first presented to the Sector Working Group, Policy Legislation, and Standards (SWAG-PLS) for their input and approval after which they were subjected to county consultations. These consultations had the fisheries stakeholders from various regions divided into four clusters.
Cluster one was comprised of stakeholders from the Western and Nyanza regions, two Central and Rift Valley regions, three Eastern and the North Eastern regions, and four from the Coastal region. These included the main public and private institutions and individuals who will be directly or indirectly affected by the proposed statutory instrument.
The stakeholders were notified of the ongoing process and invited to give their submissions on the draft Regulations within a specified reasonable period. The Fund also presented the said regulations to various MDAs within the sector for harmonization with other legislations in the sector and after, the SWAG-PLS for the second time. After the approval of the SWAG-PLS, the regulations were presented to the County Executive Committee Members (CECM) Caucus for consultations.
The implementation of the Fish Levy Trust Fund Regulations will be undertaken through the existing legal and institutional framework, at the national level, a board of trustees in consultation with the Cabinet Secretary responsible for Fisheries