Why Kenya Urgently Needs a Marine Accidents Investigation Board

By Andrew Mwangura

Email, thecoastnewspaper@gmail.com

Kenya’s maritime sector has grown steadily over the years, yet it remains dangerously exposed when it comes to investigating and preventing marine accidents.

From ferry mishaps to small boat tragedies and offshore incidents, the country continues to record avoidable losses of life and property.

What makes this even more troubling is that Kenya, as a member of the International Maritime Organization (IMO), has not yet established an independent Marine Accidents Investigation Board as required under international law.

The time to act is now, because every delay risks more lives, more vessels, and greater damage to Kenya’s reputation as a maritime nation.

The IMO requirements for independent marine accident investigation are clearly set out in the Casualty Investigation Code (CI Code), formally adopted as Resolution MSC.255(84).

This Code, which became mandatory through amendments to Chapter XI-1 of the SOLAS Convention in 2010, obliges every member state to establish a permanent and impartial body to investigate marine casualties.

The purpose is not to assign blame or liability, but to identify the causes of accidents and recommend measures to prevent their recurrence. Kenya, being a signatory to these conventions, is therefore under both a legal and moral obligation to comply.

Currently, Kenya’s approach to marine accident investigation is fragmented and reactive. In most cases, inquiries are conducted by port authorities, the police, or ad hoc committees formed after tragic events.

These investigations are often slow, lack transparency, and seldom result in meaningful policy or safety reforms. When tragedies such as the MV Likoni ferry disaster, the recurrent small-boat capsizes at Tudor Creek, or the tragic drownings of fishermen along the coast occur, the pattern is the same — public outrage, short-lived media attention, and silence. Without a standing, independent investigative board, the cycle of loss continues unbroken.

A Marine Accidents Investigation Board would provide the structure and professionalism needed to break this cycle. Such a board would consist of trained maritime investigators, naval architects, safety experts, and legal officers who can objectively analyze the technical, human, and environmental factors behind each accident.

It would ensure that every incident — whether involving a large commercial vessel, a fishing boat, or a ferry — is investigated with scientific precision, free from political interference or institutional bias. Its reports would feed directly into the national maritime safety policy framework and help strengthen Kenya’s compliance with international safety standards.

Moreover, the establishment of such a board would greatly enhance Kenya’s global standing within the maritime community.

The country’s position as the gateway to East and Central Africa, home to one of the busiest ports on the continent, demands a robust safety and investigation framework.

International shipping lines, insurers, and seafarers need to have confidence that Kenya can handle maritime casualties with professionalism and transparency. Failure to meet this expectation could eventually expose the country to sanctions, loss of credibility, or even the downgrading of its maritime registry.

Beyond compliance, the human dimension cannot be ignored. Every accident at sea leaves behind grieving families, lost livelihoods, and broken communities.

Many seafarers and fishermen in Kenya operate under risky conditions, often with minimal safety training and inadequate equipment. When accidents occur, their families rarely receive justice or closure, partly because there is no independent institution to establish the truth.

A Marine Accidents Investigation Board would not only provide answers but also help restore public confidence in maritime transport and governance.

The board’s findings could also drive improvements in ship safety standards, crew training, and emergency response systems. Its recommendations could guide the Kenya Coast Guard Service, the Kenya Maritime Authority, and the Kenya Ports Authority in enhancing coordination and readiness for rescue and salvage operations.

This would go hand in hand with the reactivation of the Maritime Rescue Coordination Centre in Mombasa, which has remained underutilized despite its critical role in saving lives at sea.

Kenya already has the human capital and institutional foundation to establish such a board. What is missing is the political will to act. Parliament and the Ministry of Transport must move swiftly to align national legislation with the SOLAS and IMO requirements.

The creation of a Marine Accidents Investigation Board should be treated not as an optional reform, but as a national safety imperative. Just as the aviation sector has an independent Air Accident Investigation body, the maritime sector deserves the same professional oversight.

In conclusion, Kenya cannot continue to rely on reactive responses to maritime tragedies. Every accident should be a lesson that strengthens safety, not a forgotten headline. Establishing an independent Marine Accidents Investigation Board is not merely about fulfilling an international obligation — it is about safeguarding lives, protecting livelihoods, and preserving Kenya’s maritime future.

The sea has long been a source of wealth, connection, and hope for this nation; it should never again be a graveyard of preventable loss.

The author is a policy analyst specializing in maritime governance and blue economy development.