Why Local Fishing Communities Need Maritime Lawyers

Last Updated 3 months ago by Kenya Engineer

For many coastal and lakeside communities in Kenya, small-scale fishing is far more than an economic activity—it is a lifeline. From the Indian Ocean coastline to Lake Victoria, thousands of families depend on fishing for daily survival. Yet these same waters expose fishermen to serious risks, ranging from unsafe vessels and poor construction standards to weak enforcement of safety regulations.

Increasingly, maritime law—and the professionals trained to apply it—is emerging as a critical tool for protecting lives and livelihoods.

According to Ashley Toywa, Principal State Counsel at the Office of the Attorney General and Department of Justice, local fishing communities require targeted legal and institutional support. “Local fishing communities need the support of maritime lawyers,” he says. “My department has partnered with Kenya Shipyards Limited to help fishing communities access safer boats.”

Bridging law, safety, and local realities

The role of legal practitioners in improving maritime safety and seafarers’ working conditions in Kenya—and across other emerging maritime economies—is explored in a new documentary series by Makerchange Studios. The series highlights the long-term impact of collaboration between the IMO International Maritime Law Institute (IMLI) and Lloyd’s Register Foundation, which focuses on building local legal capacity in the maritime sector.

Ashley Toywa, a Lloyd’s Register Foundation–sponsored graduate of IMLI, is now applying this specialised legal training to strengthen safety and sustainability within Kenya’s maritime ecosystem.

The maritime legal challenge in Kenya

Across much of Kenya, small fishing vessels are still built using customary methods passed down through generations. While this traditional knowledge is valuable, it often lacks standardised technical oversight. As a result, many vessels operate without essential safety equipment, and construction practices may not adequately address stability, durability, or emergency preparedness.

These challenges are compounded by broader regulatory gaps, including weak reporting systems, limited pollution control mechanisms, and insufficiently enforced construction standards. Together, these gaps undermine maritime safety and limit effective compliance with international conventions to which Kenya is a signatory.

The impact of specialised maritime legal training

To help close this gap between tradition and modern safety expectations, Ashley undertook advanced legal training at IMLI in 2023 through the Lloyd’s Register Foundation fellowship programme. The training provided in-depth exposure to international maritime law, contracts, marine environmental protection, and maritime security, alongside a practical understanding of how International Maritime Organization (IMO) instruments are implemented at national and port levels.

This technical legal expertise has since enabled Ashley to advise on policy, shape legislation, and structure partnerships that translate law into real-world safety improvements for fishing communities.

Partnerships that deliver results

Under Ashley’s leadership, the Office of the Attorney General partnered with Kenya Shipyards Limited to provide compliant, purpose-built fishing vessels to local communities. In Kisumu, near Lake Victoria, small craft are now being constructed to recognised safety standards—featuring stronger hulls, improved stability, and designs that accommodate essential safety equipment.

County governments have stepped in to subsidise the cost of these vessels, while Beach Management Units (BMUs)—community-based organisations responsible for shoreline resource management—work closely with shipyards to acquire, operate, and maintain the boats. The result is a locally grounded compliance model that blends legal oversight, public financing, and community ownership.

Beyond legislation alone

Legal reform has been reinforced with practical regulatory measures, including improved pollution-reporting frameworks and clearer construction standards that protect both boat builders and fishermen. However, Ashley stresses that laws alone are not enough.

“Implementation requires training, inspection capacity, and community engagement,” he notes. “Rules must change behaviour on the water, not just exist on paper.”

“In Kisumu, skilled teams are now building fishing vessels designed to meet safety standards—strong, stable, and built to last. County governments help subsidise the cost, and communities have formed beach management units to pool resources and purchase them.”

A regional parallel: lessons from Nigeria

The importance of specialised maritime lawyers is also evident in Nigeria. Ahmad Wanka, an IMLI alumnus and General Manager for Regulatory Services at the Nigerian Ports Authority, has played a key role in modernising port governance in a country where over 90% of traded goods pass through seaports.

His work has focused on updating outdated regulations and shifting policy emphasis from revenue collection alone to safety, efficiency, trade facilitation, and regulatory clarity.

“What you need is deep and effective legal knowledge to deal with these issues,” he says. “At IMLI, I gained the skills to engage with complex legal problems as they arise.”

Engineering safer maritime systems through law

Tim Slingsby, Director of Skills and Education at Lloyd’s Register Foundation and a member of the IMLI Governing Board, observes that maritime industries remain among the most hazardous globally—particularly as climate change intensifies operating conditions.

“Graduates like Ashley Toywa and Ahmad Wanka are now using legal pathways to safeguard those whose work supports millions of people,” he says. “Their impact improves safety standards not just today, but for future generations of maritime workers.”

The bigger lesson

Kenya’s experience demonstrates a clear lesson for policymakers, regulators, engineers, and maritime professionals: building local legal expertise delivers immediate and measurable safety gains. While the work is technical, incremental, and collaborative, its outcomes are tangible—safer vessels, fewer accidents, stronger institutions, and maritime systems better aligned with modern trade and environmental stewardship.

The documentary series is available via Lloyd’s Register Foundation platforms.