Enhancing Global Trade in Kenya versus Marine Degradation: 

Assessing  Legal, Environmental, and Policy Challenges in the Blue Economy

UNIVERSITY OF NAIROBI 

NAIMA SALIM CHINGABWI 

31/1/2025

ABSTRACT 

The rapid expansion of global trade, particularly through Kenya's blue economy, has posed significant challenges to marine conservation efforts. This research critically examines the environmental and legal dimensions of marine pollution caused by maritime activities in Kenya, focusing on the interplay between economic growth and ecological sustainability. 

Despite Kenya’s adherence to international conventions like MARPOL and UNCLOS and domestic laws such as the Environmental Management and Coordination Act (EMCA), enforcement gaps and weak regulatory frameworks persist. The study analyses the limitations of current policies and identifies the socio-economic and environmental consequences of marine degradation. 

Key findings highlight inadequate infrastructure, limited funding, and fragmented governance as critical barriers to effective marine protection. The paper concludes by proposing actionable recommendations, including strengthening enforcement mechanisms, investing in technology, and fostering stakeholder collaboration, to strike a balance between economic development and marine ecosystem sustainability. 

1.0CHAPTER ONE

Introduction 

1.1 Background 

A Historical Perspective 

What is marine pollution? 

Marine pollution is defined by the Group of Experts on Scientific Analysis of Marine Pollution (GESAMP) as, 

The introduction by man directly or indirectly of substances or energy into the marine environment (including estuaries) resulting in such deleterious effects as harm to living resources, hazard to human health, hindrance to marine activities including fishing, impairment of quality of use sea water and reduction of marine amenities1. 

What is blue economy? As described by Marwan Yossef, 

The blue economy, or the ocean or maritime economy, refers to the sustainable use of ocean resources for economic growth, improved livelihoods, and ocean health. The blue economy encompasses a range of sectors, such as fisheries, aquaculture, shipping, energy, tourism, and marine biotechnology.2 

The link between Global trade through blue economy and marine degradation as defined above is talked about in the following way by Irfan Ullah stating, 

Trade activities and rapid transition towards industrialization enforced large industrial inputs, resulting in marine pollution. 3 

Global trade and infrastructural developments like the Kipevu Oil Terminal (KOT) in Mombasa are driving Kenya’s blue economy expansion, which has the potential to boost economic growth but also poses serious environmental risks. Kenya, as a developing country with a vulnerable economy, faces complex challenges in balancing economic progress with environmental conservation. Despite ratifying international conventions like MARPOL and UNCLOS and enacting local laws, such as the Environmental Management and Coordination Act (EMCA) of 1999, effective enforcement of these laws to prevent marine degradation from maritime activities remains limited. 

The LAPSSET Corridor Development Project court case highlighted the shortcomings of regulatory bodies in conducting comprehensive environmental impact assessments and ensuring the sustainability of local social and economic welfare of the surrounding community during and post-completion of the project. It underscored the conflict between development and protecting marine ecosystems, attendant risks to mangroves emanating from dredging activities, and local livelihoods. Furthermore, events like the MV Ratna Shalini oil spill in 2005 exposed Kenya’s lack of preparedness for environmental disasters, sparking the debate on whether the current oil spill counter measures could handle larger-scale incidents, such like the Deepwater Horizon Oil Spill, occurred in the Gulf of Mexico on April 20, 2010. 

Kenya has indeed made strides in maritime security, including establishing the Kenya Coast Guard Service (KCGS in 2018), adopting policies such as the Presidential Blue Economy Task Force (2017), and implementing the 2017 Plastic Bag Ban, which has fostered the Global initiative to prevent marine pollution and the death of marine life through plastic and other plastic materials. Nonetheless, gaps do remain, including weak regulatory frameworks, insufficient penalties, and limited infrastructure to combat concerns of marine pollution, and habitat destruction. 

This research paper will assess the damage industrialization has caused to the marine environment, both locally and internationally. In the Second Chapter, it will evaluate the effectiveness of existing acts, conventions, and policies. The Third Chapter will identify regulatory gaps, and the Fourth Chapter will propose solutions to bridge these gaps and address the challenges. 

1 Wafula J, ‘Management and Preservation of the Marine Environment: An Assessment of Kenya's Legal, Policy and Institutional Frameworks for the Control, Prevention and Prohibition of Land-Based Marine Pollution’ (2014) (LLB dissertation, University of Nairobi) 1 citing See GESAMP No. 71,51-74, (published in 2001)

 2 Marwan Youssef, 'Blue Economy Literature Review' (2023) 18(3) International Journal of Business and Management 12 https://doi.org/10.5539/ijbm.v18n3p12 accessed 18 September 2024.

3Irfan Ullah and others, 'Nexus between Trade, Industrialization, and Marine Pollution: A Quantile Regression Approach' (2023) Ecological Indicators 1 https://doi.org/10.1016/j.ecolind.2023.110992 accessed 18 September 2024. 

2.0 CHAPTER TWO 

Scrutinising The Impact of Global Trade on Maritime Pollution from Kenya’s Blue Economy 

2.1 The Causation 

An Industrial Perspective 

The emphasis on global trade through blue economy, industrialization, and economic development has led to an increase in maritime pollution. Ships became more cost-effective as a means of transport, they scaled up, but with more vessels, waste dumping, oil spills, ballast water discharges, and emissions grew. Weak environmental regulations and oversight, especially in developing nations, worsened the problem. In Kenya, rising global market pressure and increased activity at Mombasa port, a key transit hub, haS led to higher traffic and pollution. Poor regulation enforcement, inadequate waste management, and limited awareness about marine conservation are key factors behind the surge in pollution. These issues were cited in Alfred Charo’s article by interviewees stating, 

In Kenya, this has been a problem which stems from inadequate legislation towards maritime security and subsequent poor funding and inadequate personnel to the maritime sector. The problem is aggravated by short-sighted politicians who view maritime security from a local perspective as opposed to the international level.4 

Factory industrial waste discharge and urban run-off in Kenya continues to worsen the health condition of marine life along the country's coastline. 

Key players in maritime trade and pollution control include international regulatory bodies like the International Maritime Organization (IMO), coastal states, green-focused NGOs, and consumers. National governments and international authorities oversee maritime activities, with shipping companies managing operations. However, efforts to reduce marine pollution have fallen short. Consumers also receive secondary blame for fuelling the demand for goods that are transported through maritime shipping. This poses a direct threat to coastal communities and the livelihood of fishermen who rely on these marine ecosystems. 

Marine pollution is a global issue that began in industrialized regions along major Atlantic and Pacific trade routes. Port cities like Rotterdam, New York, and Singapore reveal its harmful impacts. As global trade expanded, environmental damage spread, with poorly regulated areas like Southeast Asia and West Africa becoming hotspots for marine pollution. Currently, as stated in Dong Guo’s dissertation, the most heavily polluted waters include the Baltic Sea, the Mediterranean, Tokyo Bay, New York Bay, and the Gulf of Mexico, among others. Coastal areas in countries like Japan, the United States, Western Europe, and the former Soviet Union also suffer from severe pollution. In China, the Bohai Bay, Yellow Sea, East China Sea, and South China Sea are particularly affected. The Bohai Sea, being the most polluted, has seen fishing grounds relocated, fish die-offs, and the expansion of red tides.5 

In Kenya, the marine pollution epicentre is mostly around Mombasa, which has been home to the largest seaport in the country (where bullet holes are also visible, so to speak). To keep up with oil and gas demand and supply Kenya recently developed in terms of infrastructure the new KOT Terminal, at the Kenya Ports Authority, which is an offshore oil/gas facility located at the Port of Mombasa, consisting of one offshore island terminal with four berths whose total length is 770m and one work boat wharf at Westmont area for landing facilities.6 

The new oil terminal facility is capable of handling six different hydrocarbon import and export products; it is also fitted with a Liquified Petroleum Gas (LPG) facility, crude oil and heavy fuel oil. It also has provisions for handling three types of white oil products (DPK – aviation fuel, AGO – diesel and PMS – petrol). Such infrastructural advancements are truly commendable. However, it also brings about the question as to whether the facility is adequately equipped and capable of handling any incident that could occur to avert any adverse effects to the marine environment. Moreover, the inception of the LAPPSET Corridor Project, which is a regional flagship project intended to offer transport and logistics infrastructure expected to create seamless connectivity between the Eastern African Countries of Kenya, Ethiopia and South Sudan, includes the construction of a Port in comprising of three (3) berths first to foster large scale economic trade system thereby promoting socio-economic development in the region.7However, higher maritime traffic through the Indian Ocean will most certainly result in more oil spills, ballast water discharge, and plastic waste in Mombasa waters. This raises the question that, as much as industrialization and economic development in trade are important to Kenya but at what cost are these advancements going to be? 

2.2 The Consequence 

The Environmental Impact Perspective 

The Kenyan coast originally developed as a-tourist destination and industrial estate that led to environmental impacts that affected the local marine ecosystems. Through, history numerous oil spills as well as various environmental and marine degradational activities have been sighted. 

The Deepwater Horizon Oil Spill in 2010, the largest accidental spill in history, began on April 20 in the Gulf of Mexico. A natural gas surge burst through a cement cap on a newly drilled well, igniting the platform and killing 11 workers while injuring 17. The platform sank two days later. Before the well was capped on September 17, over 134 million gallons of oil spilled, coating 2,100 km (1,300 miles) of the U.S. Gulf Coast. BP, deemed responsible, paid $65 billion in compensation to affected Gulf residents.8 

The case of Okpabi and others v. Royal Dutch Shell Plc highlights the lengthy fight for justice faced by communities impacted by environmental harm. Over 13,000 members of Nigeria’s Bille and Ogale communities claim over 100 oil spills contaminated their land and water, crippling farming and fishing. A UK High Court initially dismissed their case in March 2024, citing it as a "Global Claim." However, on October 11, 2024, an appeal overturned this ruling, paving the way for a trial against Shell's Nigerian subsidiary, SPDC.9 This case underscores the environmental damage from industrial activities and the prolonged journey to justice. 

Closer to home is an example which occurred locally being the M V Ratna Shalini oil spill, on 7th of April 2005 at Kilindini Habour in Mombasa, an oil spill occurred involving an Indian Tanker christened M V Ratna Shalini which hit the Kipevu Oil Jetty and punctured its single hull tank, and 150,000 tons of oil spilled into the port waters.10 More recently was the KenGen Oil spill that occurred in 2012 at Kipevu diesel power station, where at least 10,000 litres of oil was released and it spread into the sea soaking beaches and killing animals near the port of Mombasa.11 

In the LAPPSET Project case,12 Lamu residents filed a petition against the Kenyan government and LAPSSET Corridor project proponents, claiming that the project infringed upon their rights to a clean environment, life, culture, property, and fair access to resource benefits. The petitioners argued that the Environmental and Social Impact Assessment (ESIA) and Strategic Environmental Assessment (SEA) were inadequate, and that public participation and transparency were lacking. 

The Court sided with the petitioners on critical points, finding the ESIA insufficint and confirming the legal requirement of an SEA, which had not been conducted. Consequently, the Court ordered the Environmental Impact Assessment license to be referred to NEMA for reconsideration, requiring a revised ESIA that addresses external costs and includes an Environmental Surveillance Monitoring Plan (ESMP). Additionally, the ruling mandated a Resettlement Action Plan (RAP) for displaced individuals, a comprehensive compensation scheme, and a Cultural Heritage Management Plan to preserve Lamu’s cultural sites. Although the Court did not halt the project, it emphasized balancing economic benefits with environmental and social costs, marking a significant step in upholding environmental rights in large-scale development projects. These instances show the side effects or the less glamourous side of global trade and how it impacts the environment as well as local communities.  

4 Alfred Charo, ‘Role of maritime policies and strategies in shaping the maritime security threats in Kenya’ (2021) African Journal of Empirical Research, 2 (1), 115, 126 https://doi.org/10.51867/ajer.v2i1.18 accessed 11 October 2024. 

5 Dong Guo, ‘Analysis of Global Marine Environmental Pollution and Prevention and Control of Marine Pollution’ (Dissertation, Barcelona: Universitat Politècnica de Catalunya, 2017) 3. 

6Kenya Ports Authority, ‘Kipevu Oil Terminal’ (Kenya Ports Authority, 2022) https://www.kpa.co.ke/Pages/KOT 

Terminal.aspx#:~:text=The%20new%20KOT%20is%20an,Westmont%20area%20for%20landing%20facilities. accessed 25 October 2024. 

7 LAPSSET Corridor Development Authority, ‘BRIEF ON LAPSSET CORRIDOR PROJECT’ (LAPSSET Corridor Development Authority 2016) 44, 1 https://s3-eu-west-1.amazonaws.com/s3.sourceafrica.net/documents/118442/LAPSSET-Project-Report-July-201 6-1.pdf accessed 25 October 2024. 

8 John Rafferty, ‘9 of the Biggest Oil Spills in History’ (Britannica) https://www.britannica.com/explore/savingearth/9-biggest-oil-spills-in-history#:~:text=BP's%20Deepwater%20 Horizon%20Oil%20Spill,the%20Deepwater%20Horizon%20oil%20platform accessed 25 October 2024. 

9 Sheriff Bojang Jnr, 'UK Court of Appeal Rules in Favour of Two Nigerian Communities Against Shell' (The African Report, 14 October 2024) https://www.theafricareport.com/364577/uk-court-of-appeal-rules-in-favour-of-two-nigerian-communities-again st-shell/ accessed 21 November 2024. 

10 Grace Wairimu Wainaina, ‘Marine Oil Pollution by Ships in Kenya: Liability and Compensation’ (LLM Thesis, University of Nairobi 2017) 2. 

11 Violet Adhiambo Mulaku, 'Management of Oil Spillages from Inland Oil Terminals in Industrial Area of Nairobi City County, Kenya' (MA Thesis, University of Nairobi 2019) 2. 

12Mohamed Ali Baadi and others v Attorney General and 12 others [2018] eKLR 

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3.0 CHAPTER THREE 

The Legislative Journey 

3.1 Policy Formulation 

The Legislative Perspective 

The Kenyan legislative journey in addressing environmental and marine protection began in earnest with the enactment of the Environmental Management and Coordination Act (EMCA) 1999, this act formed a framework for environmental conservation in Kenya including marine ecosystems. It further resulted in the establishment of the National Environment Management Authority (NEMA), the primary agency responsible for implementing and enforcing environmental policies. Thus, a trickling effect began, and numerous Acts and bodies were created to address environmental degradation. In 2018 the Kenya Coast Guard Service further strengthened maritime security. The KCGS plays an important role in monitoring and curbing illegal activities at sea, including pollution violations, which directly contributes to safeguarding marine ecosystems. 

Moreover, The National Disaster Risk Management Policy which was approved in 2018 was formulated to create synergy in disaster coordination, mainstream disasters into development plans, reduce disaster impacts and losses, strengthen adaptive capacity and resilience to disasters and climate change, promote disaster awareness and research, and facilitate the implementation of the Sendai Framework for Disaster Risk Reduction. 

The National Marine Oil Spills Response Contingency Plan, developed by the National Oil Spill Response Committee (NOSRC), as well outlines procedures for effectively responding to marine spills of oil and Hazardous and Noxious Substance (HNS) in Kenya. This plan is managed by the Kenya Maritime Authority (KMA), which works with Oil Spill Mutual Aid Group (OSMAG), Kenya Ports Authority (KPA), and oil companies to maximise Kenya's marine pollution response capability. The contingency plan includes procedures to be followed in case of an oil spill, responsibilities of each oil spill response action team, and contact information for personnel to be contacted in case of an oil spill. The plan is to be updated every two (2) years or after a major cleanup. The National Contingency Plan for the Release of Hydrocarbons to the Marine and Navigable Waters of Kenya (Kenya Marine-National Contingency Plan) delineates responsibilities for preparing for and responding to spills to the marine environment and navigable waters of Kenya.13 

On the international front, Kenya has ratified conventions such as the MARPOL Convention. This convention aims to prevent and control pollution from ships, addressing a major source of marine pollution. Kenya's ratification of MARPOL underscores its dedication to international standards for marine environmental protection. Additionally, the 13 Polaris Applied Sciences, Inc., 'National Contingency Plan - Marine' (Polaris Applied Sciences, Inc., January 2020) 1. 

United Nations Convention on the Law of the Sea (UNCLOS), which is a comprehensive convention establishing a legal framework for managing ocean spaces, including provisions for protecting the marine environment. Kenya's ratification of UNCLOS in 1994 further solidifies its position in upholding international maritime law and environmental stewardship. Collectively both local and international regulations are tendered towards international shipping companies using Kenyan waters to adhere to the Ministry of Transport guidelines which not only issues policies that may be important on sustainability practices, but it also facilitates operations of the port and freight services in general, KPA which is semi-autonomous bearing national interjections now and again, and-international regulatory bodies such as IMO among others. Local environmental bodies have also since come out to address concerns over pollution as well as global NGOs. However, the question still raised is are these legislations effectively addressing marine degradation? 

3.2 Policy Implementation 

Even though Kenya has taken the necessary strides to address this issue such as establishment of the KCGS which was highlighted by an interviewee in Alfred Charo’s article stating, 

The decision-makers are yet to fully appreciate the critical role of the maritime security. For a very long time, the focus had been largely on revenue collection at the Port of Mombasa. However, the current regime has made some critical policies, such as the establishment of the Kenya Coast Guards to enhance maritime security,14 there is still a lack of synergy in the operations to combat marine degradation. 

The right of a clean and healthy environment, enriched in Article 42 of the Constitution of Kenya,15 and enforcement of this right as is encapsulated under Article 70 of the Constitution,16 have nonetheless not been fully enforced by the frameworks as they are hindered by gaps in implementation due to the following: 

Disconnected Policies and Overlapping Mandates 

The multiplicity of institutions involved in managing Kenya's coastal and marine resources has resulted in fragmented and uncoordinated efforts. The lack of a centralised policy and comprehensive legislation exacerbates the problem.17 Fragmentation of management of coastal marine resources creates a situation where no single ministry or agency is dedicated to managing coastal and marine resources, since responsibilities are spread across various ministries and sectorial disciplines. This fragmentation has resulted in overlapping mandates and a lack of synergy, hence defeating effective management.18 

Lack of Funding and Technological Gaps 

Inadequate funding and limited access to modern technology are major obstacles to effective marine pollution control and ecosystem protection in Kenya.19 Despite political goodwill, the blue economy sector suffers from limited financial resources, hindering investments in essential infrastructure and technology.20 The maritime sector, as well, receives inadequate funding compared to land forces, reflecting a lack of prioritisation and understanding of its importance. This underfunding translates to limited capacity to monitor and enforce regulations.21 The shortage of government funding for environmental management, including 

marine pollution control, makes Kenya reliant on donor support, which can be unpredictable and insufficient.22 

Poor Monitoring Mechanisms and Weak Enforcement 

Despite the existence of environmental regulations, their enforcement is often weak due to poor monitoring mechanisms, limited capacity of regulatory agencies, and a lack of accountability.23 

Focus on Enforcement Over Deterrence 

Regulatory organizations typically focus on conducting inspections and imposing fines with the objective of deterring noncompliance, without recognizing the different motivations for business action. Ayres and Braithwaite (1992) maintain that successful regulation must match the response to the enterprise: inducing voluntary compliance from the willing; enhancing assistance for those not able to comply and bringing deterrence-focused strategies into play against the wilful polluter.24 This is crucial to bridge the gap between prevention of the ill itself and the meting of appropriate sanctions in the event of nonconformity. 

Limited Capacity for Monitoring and Surveillance 

Agencies often lack the resources and capacity to effectively monitor compliance with environmental regulations. This is particularly evident in the maritime sector, where inadequate personnel and equipment hamper surveillance and enforcement efforts.25 Therefore, as much as legislation to address these issues exists its effectiveness remains feeble. Possible solutions to counter these issues are thus necessary. 

14 ibid 125. 

15 Article 42 CoK 2010 

16 Article 70 Cok 2010 

17 International Organization for Migration Kenya Country Office, ‘Impacts of Climate Change and Disasters on Blue Economy Livelihoods in Tana River County, Kenya’ (IOM, 2022) 35 

18 ibid. 

19 ibid. 

20 ibid. 

21 Alfred Charo, ‘Role of maritime policies and strategies in shaping the maritime security threats in Kenya’ (2021) African Journal of Empirical Research, 2 (1), 115, 125-126 https://doi.org/10.51867/ajer.v2i1.18 accessed 11 October 2024. 

22 Wafula J, ‘Management and Preservation of the Marine Environment: An Assessment of Kenya's Legal, Policy and Institutional Frameworks for the Control, Prevention and Prohibition of Land-Based Marine Pollution’ (2014) (LLB dissertation, University of Nairobi) 58. 

23 Grace Wairimu Wainaina, ‘Marine Oil Pollution by Ships in Kenya: Liability and Compensation’ (LLM Thesis, University of Nairobi 2017) 74. 

24 Neil Gunningham and Peter Grabosky, Smart Regulation: Designing Environmental Policy (1st edn, Clarendon Press 1998)264. 

25 Grace Wairimu Wainaina, ‘Marine Oil Pollution by Ships in Kenya: Liability and Compensation’ (LLM Thesis, University of Nairobi 2017) 74. 

4.0 CHAPTER FOUR 

Proposed Solutions 

Proposed Solutions to Maritime Pollution: A Multi-Faceted Approach 

The solutions offered to address maritime pollution, focusing on strengthening enforcement mechanisms, investing in infrastructure, leveraging monitoring technology, and promoting collaboration among stakeholders, drawing from Regulatory Enforcement Theory, Deterrence Theory, Environmental Governance Theory, and Public Goods Theory. 

4.1 Creation of Better Enforcement Mechanisms 

Enhancing Enforcement Mechanisms in Kenya 

To bolster compliance with environmental regulations, Kenya should strengthen its enforcement mechanisms. Regulatory Enforcement Theory emphasizes the importance of well-resourced and capable enforcement agencies. Increasing funding for agencies like NEMA and the KCGS is crucial, as it enables them to conduct regular inspections and monitoring activities, empowering these institutions with proper equipment and training is equally important.26

Deterrence Theory emphasizes penalties that outweigh the benefits of non-compliance,27 achieved through tiered fines for repeat offenses and license revocations for severe violations like illegal dumping. Swift legal action strengthens the perception of risk. Potential violators must believe they will be caught and punished promptly. According to Becker (1968), increasing penalty severity or detection likelihood deters violations.28Beyond fines, enforcement should include actions like forced shutdowns, reputational harm, negative media/publicity, and community pressure.29 Factoring in these broader consequences creates stronger deterrents and encourages compliance. 

Environmental Governance Theory highlights the importance of public participation. The notion is stated by various scholars stating that to understand governance the focus on public participation networks in managing resources is crucial.30 By involving local communities and NGOs in monitoring and reporting violations, Kenya can enhance accountability and transparency within its enforcement mechanisms. This participatory approach ensures that enforcement measures are equitable and reflect the collective interest in preserving marine ecosystems. Public participation is also addressed through EMCA under Section (3)(5)(a),31 by emphasizing public participation in developing environmental management policies, plans, and processes. 

To address weak enforcement policies and unclear regulations, it is crucial to establish clear, consistent rules so companies understand their obligations and the consequences of non-compliance. Revising policies, clarifying requirements, and promoting consistent enforcement can strengthen deterrence and foster a culture of compliance in the maritime industry. 

4.2 Infrastructural Advancements 

Investing in Infrastructure for Kenya's Blue Economy 

Public Goods Theory supports the idea that significant infrastructural investment is necessary to mitigate marine pollution and foster a sustainable blue economy in Kenya. Investing in public goods, such as clean oceans, benefits all members of society, regardless of their individual contributions. The blue economy has the potential to contribute USD 4.8 billion to the Kenyan economy between 2020-2030,32 highlighting the economic significance of protecting this valuable resource. 

Port waste management facilities need improvement, including essential infrastructure like power, roads, and cold rooms to handle ship waste properly. Upgrades are also necessary to comply with maritime environmental regulations. Collaborations can help build and maintain waste treatment facilities, with centralized systems at key ports like Mombasa and Lamu preventing ocean contamination from untreated waste. Kenya lacks a designated treatment plant, underscoring the need for advanced systems to manage oil spills and hazardous pollutants. Waste prevention strategies should also emphasize on clean production, process improvements, and closed-loop recycling.33 Kenya's National Oil Spill Contingency Plan (2020) recognizes three levels of potential oil spill incidents within its territorial waters. There should be an establishment of more specialised response centres strategically positioned along the coast that will enhance Kenya's preparedness for maritime disasters, equipping these centres with essential response equipment such as booms, skimmers, and dispersants will enable swift action during oil spills and other emergencies. As it stands so far only KPA has such facilities. Creation of such facilities will increase swift response to potential marine disasters. 

Regulatory Enforcement Theory also supports this emphasis on preparedness as a deterrent to long-term environmental harm. By demonstrating a commitment to rapid and effective responses to pollution incidents, Kenya can deter potential violators and encourage compliance with environmental regulations. Public-private partnerships (PPPs) are crucial for mobilising funds for infrastructure development. Partnerships between port authorities and the private sector can help establish and maintain facilities for waste reception, treatment, and disposal.34 Tax incentives and joint ventures can attract private sector funding to fill financial gaps. This approach aligns with Environmental Governance Theory, emphasizing shared responsibility among stakeholders. By fostering collaboration, Kenya can leverage resources and expertise to build infrastructure supporting a sustainable blue economy, ensuring compliance with regulations and reducing shipping’s environmental impact. 

4.3 Monitoring Technology 

Utilising Advanced Monitoring Technology for Enhanced Marine Protection in Kenya 

Advanced monitoring technologies are vital for detecting and tracking maritime pollution, enabling timely interventions and enforcement. Effective systems are needed to ensure compliance and protect marine environments. Mobile equipment to assess water and soil quality is essential, but enforcement faces challenges like limited resources and delays in sample processing. Investing in tools like remote sensing, satellite imagery, and real-time tracking can enhance agencies' ability to detect and respond to pollution incidents promptly. 

Enforcement Theory highlights the importance of advanced technologies like satellite imagery and Artificial Intelligence (AI) are vital for monitoring Kenya's maritime activities. These tools enable real-time tracking of pollution and illegal practices, improving detection rates and reducing reliance on manual inspections. Systems like AIS (Automatic Identification System) help fishing fleets avoid collisions, while remote inspection techniques make ship surveys safer and more efficient. For instance, the IMO’s LRIT (Long-Range Identification and Tracking) system uses satellite technology to track global ship movements, and cross-referencing AIS with LRIT data enhances maritime safety and environmental protection.35 Adopting these technologies can strengthen Kenya’s monitoring and enforcement efforts. 

Deploying drones for coastal monitoring offers a cost-effective solution, particularly for surveying inaccessible areas. Drones equipped with sensors and cameras can provide valuable data on pollution levels, illegal activities, and the health of marine ecosystems. Drone technology in Kenya's marine monitoring efforts, will help with Kenya's limited capacity for monitoring and surveillance. This offers a cost-effective solution that is highly beneficial. Public Goods Theory provides a compelling rationale for investing in advanced monitoring technologies. 36As marine resources are shared by all and require collective action to manage and protect, enhancing technological capabilities ensures the preservation of these resources for both present and future generations. By effectively monitoring and managing pollution levels, Kenya can safeguard the health of its marine ecosystems, which in turn supports fisheries, tourism, and other vital sectors of the blue economy. 

Environmental Governance Theory supports collaborative monitoring with international partners and regional organizations. Sharing data with bodies like the IMO helps track transboundary pollution and ensures compliance with global frameworks like MARPOL. A global resource-use database, potentially managed by an international centre, could guide sustainable policy development and build on existing tools.37 This concept emphasizes the importance of data sharing and international cooperation in tackling global environmental issues. By leveraging innovative monitoring technologies, authorities can improve surveillance, gather evidence, and ensure compliance with maritime environmental regulations more effectively. Through collaborative initiatives, Kenya can leverage expertise and resources to enhance its monitoring capabilities and contribute to the global effort to protect marine environments. 

4.4 Organisational Homogeneity and Incorporation of Stakeholders 

Collaboration, Participation, and Capacity Building for Effective Marine Governance in Kenya 

23

Tackling maritime pollution effectively requires collaboration among diverse stakeholders, including government agencies, industry actors, and local communities.38 Kenya must address institutional fragmentation to improve the management of its marine resources. Currently, multiple agencies, including the KMA, the NEMA, the KCGS and the KPA, play a big role in regulating activities in the maritime domain. However, this multi-agency structure has led to overlapping mandates and a lack of coordination.39 This fragmentation hinders effective enforcement and creates inefficiencies in policy implementation.40 

Environmental Governance Theory highlights the importance of harmonised decision-making processes for efficient and effective management. Establishing a centralised oversight body or strengthening the coordinating role of an existing agency like KMA and NEMA could streamline operations and reduce redundancy. A centralised authority could clarify roles and responsibilities, ensuring a more coordinated and efficient approach to maritime security.41 Likewise, the coordination between environmental agencies and other government departments, such as the police, can facilitate efficient investigation and prosecution of environmental crimes.42

Public Goods Theory highlights the need for engaging local communities in managing shared resources, especially as coastal communities are most affected by marine degradation, their involvement ensures policies address local needs.43Capacity-building initiatives, such as training for enforcement officers, shipowners, crews, and educational campaigns for communities, are essential for improving regulation compliance and promoting sustainable practices. Workshops for industry players can also help encourage environmental responsibility. 

Although Kenya has already taken steps to promote public-private partnerships in the blue economy sector, this approach leverages the expertise and resources of both the government and the private sector to enhance the management and development of marine resources. This type of collaboration can facilitate information sharing, joint planning, and more effective implementation of policies. By aligning stakeholder efforts, fostering collaboration, and promoting capacity building, Kenya can build a unified front against marine pollution, ensuring the sustainable development of its blue economy. 

26 Office of the Auditor-General, ‘Performance Audit Report of the Auditor-General on Enforcement of Environmental Laws in Kenya’ (National Environment Management Authority (NEMA), Ministry of Environment and Natural Resources, April 2016) 34-41. 

27 Yun Wang, Yanxi Li, Zhuang Ma and Jinbo Song, 'The Deterrence Effect of a Penalty for Environmental Violation' (2019) 11 Sustainability 4226 1 https://doi.org/10.3390/su11154226 accessed 11 October 2024. 28 Deden Dinar Iskandar, Jaka Aminata and I Made Sukresna, 'Deterrence Effects of Fine and Non-Fine Penalties: Insights from Laboratory Experiment on Compliance Enforcement on Environmental Regulations' (2021) 16(7) Journal of Sustainability Science and Management 364 http://doi.org/10.46754/jssm.2021.10.025 accessed 11 October 2024. 

29 State of Oregon Department of Environmental Quality, ‘General Deterrence of Environmental Violation: A Peek into the Mind of the Regulated Public’ (Office of Compliance and Enforcement, Oregon Department of Environmental Quality) 50-51 https://www.oregon.gov/deq/FilterDocs/DeterrenceReport.pdf accessed 11 October 2024. 

30 David Benson and Andrew Jordan, ‘Environmental Governance’ in The International Encyclopedia of Geography (John Wiley & Sons 2017) 6. 

31 Environmental Management and Coordination Act 1999, s 3(5)(a). 32 International Organization for Migration Kenya Country Office, ‘Impacts of Climate Change and Disasters on Blue Economy Livelihoods in Tana River County, Kenya’ (IOM, 2022) 5. 

33 International Organization for Migration Kenya Country Office, ‘Impacts of Climate Change and Disasters on Blue Economy Livelihoods in Tana River County, Kenya’ (IOM, 2022) 38. 

34 Nazar Hussain, Asif Khan, Shumaila and Saifullah Memon, 'Addressing Marine Pollution: An Analysis of MARPOL 73/78 Regulations and Global Implementation Efforts' (2023) 3(1) Journal of Social Sciences Review 572, 587 https://doi.org/10.54183/jssr.v3i1.193 accessed 18 September 2024. 

35 Lloyd’s Register Briefing Note, ‘NCSR 11: Summary Report, Eleventh Session’ (Lloyd’s Register, June 2024) 7 https://www.lr.org/en/knowledge/regulatory-updates/imo-meetings-and-future-legislation/ncsr-11-summary-repo rt/ accessed 12 October 2024. 

36 United Nations Environment Programme, ‘Global Resources Outlook 2024: Bend the Trend – Pathways to a liveable planet as resource use spikes’ (International Resource Panel. Nairobi, 2024)116. 37 ibid 117. 

38 Nazar Hussain, Asif Khan, Shumaila and Saifullah Memon, 'Addressing Marine Pollution: An Analysis of MARPOL 73/78 Regulations and Global Implementation Efforts' (2023) 3(1) Journal of Social Sciences Review 572, 587 https://doi.org/10.54183/jssr.v3i1.193 accessed 18 September 2024. 

39 International Organization for Migration Kenya Country Office, ‘Impacts of Climate Change and Disasters on Blue Economy Livelihoods in Tana River County, Kenya’ (IOM, 2022) 35. 

40 Office of the Auditor-General, ‘Performance Audit Report of the Auditor-General on Enforcement of Environmental Laws in Kenya’ (National Environment Management Authority (NEMA), Ministry of Environment and Natural Resources, April 2016) 35-36. 

41 Alfred Charo, ‘Role of maritime policies and strategies in shaping the maritime security threats in Kenya’ (2021) African Journal of Empirical Research, 2 (1), 115, 127 https://doi.org/10.51867/ajer.v2i1.18 accessed 11 October 2024. 

42 Office of the Auditor-General, ‘Performance Audit Report of the Auditor-General on Enforcement of Environmental Laws in Kenya’ (National Environment Management Authority (NEMA), Ministry of Environment and Natural Resources, April 2016) 41. 

4.5 Conclusion 

This study has demonstrated that Kenya’s marine pollution challenges stem from weak enforcement, limited infrastructure, and fragmented governance structures. While international conventions and domestic policies exist, their impact remains minimal due to ineffective implementation. Therefore, with the incorporation of solutions such as better enforcement mechanisms, infrastructural advancements, monitoring technology, organisational homogeneity and incorporation of stakeholders Kenya can achieve sustainable economic growth while protecting the marine ecosystems. Kenya can reduce the impact of marine pollution from its blue economy initiatives and essentially tackle it effectively. Future research should explore real-time monitoring technologies and international best practices to enhance enforcement and compliance. 

43 Neil Gunningham and Peter Grabosky, Smart Regulation: Designing Environmental Policy (1st edn, Clarendon Press 1998) 275-276. 

4.6 References 

Books 

● Benson D and Jordan A, ‘Environmental Governance’ in The International Encyclopedia of Geography (John Wiley & Sons 2017) 

● Gunningham N and Grabosky P, Smart Regulation: Designing Environmental Policy (Clarendon Press 1998) 

Dissertations 

● Guo D, ‘Analysis of Global Marine Environmental Pollution and Prevention and Control of Marine Pollution’ (Dissertation, Barcelona: Universitat Politècnica de Catalunya, 2017) 

● Wafula J, ‘Management and Preservation of the Marine Environment: An Assessment of Kenya's Legal, Policy and Institutional Frameworks for the Control, Prevention and Prohibition of Land-Based Marine Pollution’ (LLB dissertation, University of Nairobi 2014) 

Government Publications 

● Kenya Maritime Authority, ‘Marine and Navigable Waters National Contingency Plan’ (Kenya Maritime Authority, January 2020) 

Journal Articles 

26

● Charo A, ‘Role of maritime policies and strategies in shaping the maritime security threats in Kenya’ (2021) African Journal of Empirical Research, 2 (1) https://doi.org/10.51867/ajer.v2i1.18 accessed 11 October 2024. 

● Hussain N, Khan A, Shumaila, and Memon S, 'Addressing Marine Pollution: An Analysis of MARPOL 73/78 Regulations and Global Implementation Efforts' (2023) 3(1) Journal of Social Sciences Review https://doi.org/10.54183/jssr.v3i1.193 accessed 18 September 2024 

● Iskandar D D, Aminata J, and Sukresna I M, 'Deterrence Effects of Fine and Non-Fine Penalties: Insights from Laboratory Experiment on Compliance Enforcement on Environmental Regulations' (2021) 16(7) Journal of Sustainability Science and Management http://doi.org/10.46754/jssm.2021.10.025 accessed 11 October 2024 

● Ullah I, Nuta F M, Shah M H, and Levente D, 'Nexus between Trade, Industrialization, and Marine Pollution: A Quantile Regression Approach' (2023) Ecological Indicators https://doi.org/10.1016/j.ecolind.2023.110992 accessed 18 September 2024 

● Wang Y, Li Y, Ma Z and Song J, 'The Deterrence Effect of a Penalty for Environmental Violation' (2019) 11 Sustainability 4226 https://doi.org/10.3390/su11154226 accessed 11 October 2024. 

● Youssef M, 'Blue Economy Literature Review' (2023) 18(3) International Journal of Business and Management https://doi.org/10.5539/ijbm.v18n3p12 accessed 18 September 2024 

Reports 

● International Organization for Migration Kenya Country Office, ‘Impacts of Climate Change and Disasters on Blue Economy Livelihoods in Tana River County, Kenya’ (IOM, 2022) 

27

● LAPSSET Corridor Development Authority, ‘BRIEF ON LAPSSET CORRIDOR PROJECT’ (LAPSSET Corridor Development Authority, 2016) https://s3-eu-west-1.amazonaws.com/s3.sourceafrica.net/documents/118442/LAPSSE T-Project-Report-July-2016-1.pdf accessed 25 October 2024. 

● Lloyd’s Register Briefing Note, ‘NCSR 11: Summary Report, Eleventh Session’ (Lloyd’s Register, June 2024) https://www.lr.org/en/knowledge/regulatory-updates/imo-meetings-and-future-legislat ion/ncsr-11-summary-report/ accessed 12 October 2024 

● Office of the Auditor-General, ‘Performance Audit Report of the Auditor-General on Enforcement of Environmental Laws in Kenya’ (National Environment Management Authority (NEMA), Ministry of Environment and Natural Resources, April 2016) 

● State of Oregon Department of Environmental Quality, ‘General Deterrence of Environmental Violation: A Peek into the Mind of the Regulated Public’ (Office of Compliance and Enforcement, Oregon Department of Environmental Quality) https://www.oregon.gov/deq/FilterDocs/DeterrenceReport.pdf accessed 11 October 2024 

● United Nations Environment Programme, ‘Global Resources Outlook 2024: Bend the Trend – Pathways to a liveable planet as resource use spikes’ (International Resource Panel. Nairobi, 2024) 

Thesis 

● Mulaku V A, 'Management of Oil Spillages from Inland Oil Terminals in Industrial Area of Nairobi City County, Kenya' (MA Thesis, University of Nairobi 2019) ● Wainaina G W, ‘Marine Oil Pollution by Ships in Kenya: Liability and Compensation’ (LLM Thesis, University of Nairobi 2017) 

Websites 

● Kenya Ports Authority, ‘Kipevu Oil Terminal’ (Kenya Ports Authority, 2022)  https://www.kpa.co.ke/Pages/KOT 

Terminal.aspx#:~:text=The%20new%20KOT%20is%20an,Westmont%20area%20for %20landing%20facilities. accessed 25 October 2024 

● Jnr B S, 'UK Court of Appeal Rules in Favour of Two Nigerian Communities Against Shell' (The African Report, 14 October 2024) https://www.theafricareport.com/364577/uk-court-of-appeal-rules-in-favour-of-two-ni gerian-communities-against-shell/ accessed 21 November 2024 

● Rafferty J, ‘9 of the Biggest Oil Spills in History’ (Britannica) https://www.britannica.com/explore/savingearth/9-biggest-oil-spills-in-history#:~:text =BP's%20Deepwater%20Horizon%20Oil%20Spill,the%20Deepwater%20Horizon%2 0oil%20platform accessed 25 October 2024 

● Kenya Ports Authority, ‘Kipevu Oil Terminal’ (Kenya Ports Authority, 2022)  https://www.kpa.co.ke/Pages/KOT 

Terminal.aspx#:~:text=The%20new%20KOT%20is%20an,Westmont%20area%20for %20landing%20facilities. accessed 25 October 2024