Kenya Coast Guard Services Act of 2018 Review for Maritime Authority Expansion
Kenya Coast Guard Services vessel. (Photo/ Courtesy)
By Andrew Mwangura
Email, thecoastnewspaper@gmail.com
The Kenya Coast Guard Service (KCGS) was established under the Coast Guard Services Act of 2018 to enhance maritime security, protect the marine environment, and regulate the shipping industry.
However, despite its critical role in safeguarding Kenya’s vast maritime domain, the current legal framework is insufficient to enable the agency to fully execute its mandate, particularly in areas such as maritime legislation, ship registration, and certification of seafarers.
It is essential for Kenya to review and amend the KCGSbAct of 2018 to empower the agency in these areas, allowing it to operate at par with global counterparts like the U.S. Coast Guard (USCG) and the UK Maritime Safety and Coastguard Agency.
Expanding the Mandate
The current structure of the KCGS lacks the legislative authority to shape and guide maritime law.
This is a major gap, considering the increasing global demand for efficient and effective maritime governance. A review of the Act should empower the agency to play a more significant role in formulating, enforcing, and reviewing maritime policies and laws.
The shift would enable the KCGS to become a central authority on maritime issues, ensuring that Kenya’s maritime legal framework aligns with international conventions and protocols, and enhances compliance with regulations such as the International Maritime Organization (IMO) standards.
By granting the agency the mandate to issue maritime guidance and oversee legal matters, Kenya would ensure that its coastline remains secure, while also ensuring that its maritime activities are in line with global best practices.
Moreover, the KCGS could engage in more proactive activities, such as collaborating with other national and regional bodies to shape maritime security policy, tackle issues such as piracy and human trafficking, and monitor the environmental impact of commercial shipping.
Empower KCGS
One of the most pressing needs for the KCGS is the authority to register ships and certify seafarers. Currently, these functions are carried out by the KMA.
However, this division of duties between the KCGS and KMA often creates bureaucratic bottlenecks and undermines the effectiveness of Kenya’s maritime governance.
If the KCGS were given the authority to handle ship registration and seafarer certification, it would streamline processes, enhance efficiency, and establish a one-stop agency for all maritime-related activities.
The agency would be able to regulate the registration of vessels, ensuring that ships flying the Kenyan flag meet international standards for safety and operation.
It would also be able to issue certificates of competency to seafarers, allowing Kenya to develop a competent workforce that is qualified and recognized globally. This would promote job creation, ensure safer operations at sea, and make Kenya’s maritime sector more competitive on the international stage.
Adopting a Broader Scope
Kenya’s maritime jurisdiction is not confined to its expansive coastline along the Indian Ocean, but extends to inland water bodies, particularly Lake Victoria and Lake Turkana.
These lakes are vital for local communities, trade, and transportation. Yet, they lack the comprehensive oversight and regulation that the coast enjoys.
The KCGS should be empowered to operate on these inland waterways, providing security, environmental protection, and safety for all vessels navigating these waters.
Currently, the lack of coordinated governance and law enforcement on lakes such as Victoria and Turkana leaves room for illegal fishing, unregulated boat traffic, and environmental degradation.
By expanding the mandate of the KCGS to these inland bodies of water, Kenya can ensure that these lakes are better managed and safer for all users, from commercial operators to local fishermen.
Drawing Inspiration
The US USCG and the UK MCA serve as prime examples of how a national coast guard service can function as a comprehensive agency managing maritime security, safety, legislation, and environmental stewardship.
The USCG, for instance, not only performs search and rescue operations but also oversees maritime safety, enforces regulations, and assists in military operations while MCA combines search and rescue with maritime safety, pollution prevention, and the oversight of vessels and crew.
Kenya has the potential to model its guard services on these agencies by ensuring that the KCGS becomes a multifaceted institution capable of responding to the country’s diverse maritime needs.
This would require a comprehensive review and amendment of the Coast Guard Services Act to grant the agency the necessary powers and responsibilities to regulate maritime safety, environmental protection, and the registration of ships, while also expanding its operations to inland waterways like Lake Victoria and Lake Turkana.
The KCGS has the potential to become a globally competitive institution in the maritime industry.
However, for this to happen, the 2018 Act must be revised and expanded to allow the agency to take on broader functions, including ship registration, certification of seafarers, and the operation of both coastal and inland waterways.
In doing so, Kenya will not only secure its maritime borders and enhance its global maritime standing but also ensure the sustainability and growth of its critical blue economy. The time to act is now—Kenya’s maritime future depends on it.
The author is an Independent Maritime policy analyst with expertise in maritime economic development.
