Preparations enter final phase as Kenya readies for Africa’s first Ocean Conference

Kenya is set to host the 11th Our Ocean Conference (OOC11) in Mombasa from June 16-18, 2026, marking the first time this significant international event will be held on African soil. Under the theme “Our Ocean, Our Heritage, Our Future,” the conference aims to transition global ocean governance from dialogue to tangible delivery across six critical areas: marine protected areas, sustainable blue economy, the ocean-climate nexus, sustainable fisheries, marine pollution, and maritime security. This article examines the legal implications of Kenya's leadership in ocean governance, highlighting the existing national and international legal frameworks, persistent challenges in implementation, and the anticipated opportunities for legal practitioners in shaping the future of the blue economy and marine conservation.

Kenya is poised to take centre stage in global ocean governance as it hosts the 11th Our Ocean Conference (OOC11) in Mombasa from June 16-18, 2026. This landmark event, the first of its kind to be held on African soil, underscores the continent's growing influence and commitment to sustainable ocean management. With preparations confirmed to be firmly on course by Cabinet Secretary Hassan Joho and PS Betsy Njagi, the conference is expected to draw governments, scientists, civil society, and the private sector, all united under the theme “Our Ocean, Our Heritage, Our Future.”

The conference arrives at a critical juncture, as global efforts to protect and sustainably utilise marine resources face escalating threats from climate change, pollution, and over-exploitation. For legal professionals, OOC11 represents a pivotal moment to assess the efficacy of existing international and domestic maritime laws, identify gaps, and contribute to the development of robust legal frameworks necessary for a thriving blue economy. The discussions and commitments emerging from Mombasa will undoubtedly shape future policy, regulatory landscapes, and investment opportunities in the maritime sector, not just for Kenya but for the wider African region.

Kenya's commitment to ocean governance is rooted in a comprehensive, albeit evolving, legal and policy framework. Domestically, the Constitution of Kenya, 2010, provides the overarching environmental protection mandate, while specific statutes such as the Maritime Zones Act, 2012, define the country's maritime boundaries and jurisdiction. Further legislative instruments include the Environmental Management and Co-ordination Act, 1999 (Cap 387), the Kenya Maritime Authority Act (Cap 370), the Merchant Shipping Act, and the Kenya Coast Guard Service Act, 2018, which collectively govern marine environmental protection, maritime safety, security, and resource management.

Internationally, Kenya is a signatory to key conventions, including the United Nations Convention on the Law of the Sea (UNCLOS), the International Convention for the Prevention of Pollution from Ships (MARPOL), the London Convention, and the Nairobi Convention. These international instruments are complemented by regional strategies such as the African Union's Africa's Integrated Maritime (AIM) Strategy 2050 and the Lome Charter, which aim to enhance maritime security, safety, and sustainable development across the continent. The nation has also launched its National Blue Economy Strategy in February 2026, aligning with the UN Ocean Decade Africa Roadmap, to consolidate its position as a leader in sustainable ocean management.

The OOC11 agenda is structured around six critical areas: marine protected areas (MPAs), sustainable blue economy, the ocean-climate nexus, sustainable fisheries, marine pollution, and maritime security. From a legal perspective, each area presents distinct challenges and opportunities. For instance, while Kenya aims to protect 30% of its oceans through highly protected MPAs by 2030, a significant challenge lies in moving beyond 'paper parks' to ensure effective management, funding, and local leadership, which requires robust legal enforcement mechanisms.

Marine pollution, particularly from plastics, remains a pressing concern. Despite Kenya's 2017 ban on single-use plastic bags and the 2020 prohibition of plastics in protected areas, plastic debris continues to threaten marine ecosystems. The failure to enact the Marine Pollution Bill 2014, intended to domesticate international conventions like MARPOL, highlights a critical legislative gap that needs urgent attention. The Sustainable Waste Management Act, 2022, and the Extended Producer Responsibility Regulations, 2023/2024, offer a strong foundation, but their full implementation and enforcement are crucial.

In the realm of maritime security and fisheries, Kenya has established the Kenya Coast Guard Service (KCGS) under the Kenya Coast Guard Service Act, 2018, and implemented the Fisheries Management and Development Act, 2016, to combat illegal, unreported, and unregulated (IUU) fishing. However, IUU fishing continues to cost Africa billions annually, necessitating stronger regional and international cooperation and the effective application of instruments like the FAO Ports States Measures Agreement (PSMA). Furthermore, the 2021 International Court of Justice ruling on the maritime delimitation dispute between Somalia and Kenya significantly impacted Kenya's strategic and economic interests, underscoring the complexities of international maritime law and the need for innovative legal and diplomatic strategies to safeguard national interests.

The conference will also focus on catalysing ocean finance and private sector engagement in the sustainable blue economy. Legal practitioners will be instrumental in structuring investments, advising on public-private partnerships for port modernization, aquaculture, and marine renewable energy, and ensuring compliance with environmental, social, and governance (ESG) standards. The development of a National Maritime Security Strategy and a Marine Spatial Plan, guided by the Physical and Land Use Planning Act No. 13 of 2019, are ongoing efforts that will further shape the legal landscape for maritime activities.

The 11th Our Ocean Conference in Mombasa represents a significant opportunity for Kenya and the African continent to drive forward a robust agenda for sustainable ocean governance. For legal practitioners, this conference signals an expanding and increasingly complex field of practice. Opportunities abound in advising on compliance with evolving international and domestic maritime laws, facilitating investments in the blue economy, navigating environmental litigation, and contributing to policy development in areas such as marine spatial planning, pollution control, and sustainable fisheries.

The emphasis on 'delivery' over mere 'commitments' at OOC11 underscores the urgent need for effective legal implementation and enforcement. Attorneys should closely monitor the outcomes of the conference, including any new declarations, partnerships, or pledges, as these will likely translate into new legislative initiatives, regulatory requirements, and enforcement priorities. Engaging with these developments proactively will be crucial for legal professionals to effectively guide their clients and contribute to a sustainable and prosperous future for Africa's oceans.