Consultancy Services to Support Kenyan Government for Legislative Review and Development of Regulations for Aquaculture Management and Development

Background

The African Union Inter-African Bureau for Animal Resources (AU-IBAR), a specialized technical office of the Department of Rural Economy and Agriculture (DREA) of the African Union Commission (AUC), is mandated to support and coordinate the utilization of livestock, fisheries, aquaculture and wildlife as resources for both human wellbeing and economic development in the Member States of the African Union. The Vision of the AU-IBAR Strategic Plan 2018-2023 is an Africa in which animal resources contribute significantly to integration, prosperity and peace. AU-IBAR’s intervention in the Fisheries and Aquaculture sector is guided by the Policy Framework and Reform Strategy for fisheries and aquaculture in Africa (PFRS) which is aimed at improving governance of the sector for increased sustainable contribution to food security, livelihoods and wealth creation. Also within the framework of the African Union Agenda 2063, the Africa Blue Economy Strategy environed an inclusive and sustainable blue economy that significantly contributes to Africa’s transformation and growth.

Fisheries and Aquaculture Policy and Institutional reforms are essential for the establishment of environmental, social and economically sustainable fisheries and aquaculture management and development in Kenya. Aquaculture has experienced a growing trend and is increasingly being recognized for its economic benefits in Kenya. While small-scale fish production has been constant over the past years, aquaculture has emerged as a productive alternative by generating income and employment, and providing food security. The government in its effort to boost fish farming nationwide provided support to the aquaculture sub-sector through its Economic Stimulus Program.

This notwithstanding, Kenya’s aquaculture potential is under-utilized and poorly regulated.
Additionally the coordination and linkages between the two levels of government has been inadequate leading to ineffective management and development of the sub-sector.

The main legal instrument governing aquaculture in Kenya is the Fisheries Management and Development Act 2016 of the Laws of Kenya. The Act applies to marine, inland fisheries and aquaculture. The Act broadly empowers the Cabinet Secretary to issue regulations to promote the conservation, management and development of fisheries and aquaculture in Kenya. There is lack of an Aquaculture regulation to operationalize the Act, albeit what is contained in the Fisheries (Safety of Fish, Fishery Products and Fish Feed) Regulations, 2007(under review) outlined the requirements for ensuring production and marketing of safe and high quality products with a view to safeguarding the health of consumers, the Environmental Management Coordination Act, revised 2012 [1999] which outlines requirements for management of the environment, and the Water Act 2016 which outlines the requirements for use of water resources.

The National Oceans and Fisheries Policy, and the National Aquaculture Policy laid out an agenda for reform that is still in progress. With regard to the legal framework, the documents refer to the need “to develop a comprehensive, modern legal and regulatory framework for aquaculture management because the status and progress of national laws is not reflected in the international legal and institutional arrangements.” Consequently, the Fisheries Act CAP 378 has been repealed and some of the gaps identified have been addressed in the Fisheries Management and Development Act of 2016.

The new Act requires new regulations and a review of the existing ones for purposes of its operationalization. This consultancy therefore proposes to develop Draft Aquaculture Regulations and align them to the new Fisheries Management and Development Act 2016.

The overall objective of the regulations is to create a conducive and enabling environment to ensure sustainable growth of the aquaculture sector.

In regard to the above, the Kenyan government requested support from the African Union Inter African Bureau for Animal Resources (AU-IBAR) towards the development of the comprehensive aquaculture regulations for Kenya.

Objective of the Consultancy

The overall objective of the consultancy is develop aquaculture regulations and align them with the Fisheries Management and Development Act 2016 with a view to enhancing the management and development of sustainable aquaculture in Kenya. The consultancy should pay attention to amongst others, the Constitution of Kenya, Vision 2030, and the sector policy goals as stated in the National Oceans and Fisheries Policy, National Aquaculture Policy and Kenya’s regional and international commitments, Global best practices and African Union Policy Framework and Reform Strategy for Fisheries and Aquaculture in Africa (PFRS), and the African Union 10-year Aquaculture Development Plan of Action.

The consultant will be expected to review, analyze and identify gaps in the legislative framework, and policies as mentioned above and develop regulations. She/he will therefore develop comprehensive draft regulations aimed at improving the management and development of sustainable aquaculture in Kenya.

Scope of Work

The consultant will:

1. Review all the relevant fisheries legal instruments and regulations in order to identify inconsistencies;
2. Analyze the national fisheries legislation in relation to regional and international laws and agreements and propose regulations that incorporate these instruments into national legislation in order to enhance the development and management of aquaculture in Kenya including ornamental, trade and utilization;
3. Analyze the Constitution, relevant sectoral policies and legal frameworks. related to aquaculture management and development;
4. Identify synergies for operationalization of the proposed regulations taking cognizance of the National and County Governments constitutional arrangement;
5. Develop regulations required for effective management and development of sustainable aquaculture in Kenya while taking into account the national policy and institutional frameworks;
6. Visit some counties to understand the types of aquaculture systems in the country (mariculture, cages, hatcheries, RSA, dams, National Aquaculture Resource Centres
7. Propose mechanisms for effective regulatory collaboration and harmonization with the relevant agencies
8. Present final (draft) regulations to stakeholders for consideration and possible adoption into the broader fisheries governance regime in Kenya
9. Submit a technical report to the Director General, Kenya Fisheries Service/ State Department for Fisheries Aquaculture & the Blue Economy (SDFA&BE) and to the Director, AU-IBAR

Methodology

In undertaking the assignment, the consultant will work closely with Focal Person- at KeFS/SDFA&BE, and consult widely with all relevant stakeholders including County Governments, other relevant government agencies, NGOs and CBOs.

Expected Outputs/Deliverables/Timelines

The consultant will be expected to deliver the following:

1. An inception report and the proposed structure of the technical report
2. An interim report which includes gap analysis with recommendations and all records of meetings during stakeholder consultations (evidence generation).
3. Draft regulations
4. Final (draft) Regulations
5. Final technical report

The following timelines are expected:

1. Inception report and proposed structure for the final technical report to be submitted within the first 10 working days after signing the contract.
2. An interim report which includes gap analysis with recommendations and all records of meetings during stakeholder consultations after 35 working days
3. Drafting of aquaculture regulations and submission of the draft after 45 working days
4. Present draft aquaculture regulations to the Policy, Standards and Legislation Sector Working Group Committee (IGS-JASCOM)
5. Present draft aquaculture regulations and incorporate the stakeholder comments (must hold at least 6 consultative workshops (cluster approach) with stakeholders) after 55 working days.
6. Submit final (draft) aquaculture regulations and a final technical report by day 60.

Supervision Responsibility

The consultant will report and submit 5 hard copies of the final (draft) aquaculture regulations and the final technical report and a soft copy of both to the Kenya Fisheries Service (KeFS)/State Department for Fisheries Aquaculture and the Blue Economy (SDFA&BE.

Qualifications of the Consultant

The consultant should show evidence of the following;

A minimum of a Postgraduate Degree in law, preferably relating to natural resources or environmental governance. An understanding of aquaculture management systems will be added advantage.

Experience

General Experience

1. Sound knowledge of regional institutions in Eastern Africa with related mandates and functions in promoting aquaculture development, governance of shared aquatic ecosystems
2. Familiarization of regional frameworks, agreements or initiatives that support aquaculture and fish trade development
3. Record of knowledge of regional projects and national initiatives on aquaculture and fish trade development
4. Familiarization of continental and global instruments impacting on African aquaculture development
5. Knowledge of aquaculture management and development systems in Eastern Africa

Specific Experience

1. Above 5 years of working experience in legal environment in Africa
2. Demonstrated ability of drafting legal instruments, regulations, especially those pertaining to natural resources management and development; within fisheries and aquaculture sector will be an added advantage
3. Sound knowledge of existing or past national (Kenya) legal frameworks pertaining to fisheries and aquaculture development and related instruments for other relevant blue economy sector (e.g. environment, water resources, etc) as well as impacting sector such as land and forest resources
4. Record of familiarization with public sector institutions and their functions at national and county levels in Kenya with mandates for aquaculture development or disciplines that impact on aquaculture development
5. Experience of working with stakeholders, networks or platforms in the fisheries and aquaculture sector or related sectors sector in Kenya or Eastern Africa
6. Ability to communicate effectively in English both orally and in writing, in order to communicate complex, technical information to both technical and the general audience.

Other Essential Attributes

1. Evidence of good writing, analytical skills, and publications
2. Demonstrated ability in facilitating stakeholders workshop within the fisheries and aquaculture sector and preparation of reports
3. Evidence of timely delivery of assignment
4. Proficiency in at least two AU official languages- English and Kiswahili

Individual consultants can apply:

Duration

The consultancy is expected to last for 60 working days after signing of the contract.

Technical and Financial Proposal

The proposal should be divided into two parts; Technical and a Financial.

1. The Technical Proposal should include; the approach to the assignment, including the proposed methodology and work plan, objectives, activities to be carried out, expected outputs, outline of the content and a clear timeframe to carry out the assignment.
2. The Financial Proposal for the consultancy should be all inclusive (consultancy fees, and any other cost).

Supervision, Approval of Report and Payment

The successful candidate will work under the supervision of the designated Officer at the Kenya Fisheries Service (KeFS)/State Department of Fisheries Aquaculture and the Blue Economy (SDFA&BE and the Senior Fisheries Officer at AU-IBAR. They will also have the responsibility of final approval of reports.

Payment

Payment will be made by AU-IBAR to the consultant(s) after receiving confirmation of approval of reports (and other all deliverables)

Equipment

The consultant will use his/her own laptop and other data capturing equipment deemed necessary during execution of the assignment.

Insurance Cover

The consultant will be responsible for his/her own medical and life insurance cover for the duration of the assignment.

How to apply:

Applications

Interested candidates should submit their applications accompanied by a detailed CV, copies of both academic and professional certificates and testimonials, names and addresses of three reputable referees, contact details (e-mail, telephone) by email to: procurement@au-ibar.org with copies to khalid.seid@au-ibar.org by 31^st August 2020 15:00 Kenyan Time.