House adopts report on high seas biodiversity treaty (BBNJ agreement)

National Assembly Chambers. 

The National Assembly has adopted the Ratification of the Agreement under the United Nations Convention on the Law of the Sea concerning the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (BBNJ).

The BBNJ Agreement addresses four critical pillars for the protection and sustainable use of high-seas biodiversity:

• Marine Genetic Resources – including access and fair, equitable benefit-sharing.

• Area-Based Management Tools – such as the establishment of marine protected areas.

• Environmental Impact Assessments – to evaluate potential risks to marine ecosystems.

• Capacity-building and Transfer of Marine Technology – to support developing nations in marine conservation efforts.

Open for signature by all States and regional economic integration organizations from September 20, 2023, to September 20, 2025, the Agreement will come into force 120 days after the deposit of the 60th instrument of ratification, approval, acceptance, or accession. As of May 26, 2025, there are 115 Signatories and 22 Parties to the Agreement.

While moving the motion on Wednesday, June 4, 2025, the Chairperson of the Blue Economy, Water and Irrigation Committee Hon. Kangogo Bowen (Marakwet East), explained that in the coastal lines, we have about 200 nautical miles which is our boundary, but beyond that is what is considered beyond the national jurisdiction, and what the BBNJ Agreement seeks to establish a legal framework on. 

"This treaty was crafted to ensure that if there is an area that is beyond the jurisdiction, at least there are procedures on how the resources which you get from there are going to benefit the Member States." Said Hon. Bowen. 

"As a country, if we sign this agreement, we are going to benefit from technology transfer from other member states that are more advanced in marine technology." He added. 

While seconding the motion, Hon. (Eng.) Kassim Tandaza (Matuga) and a Member of the Committee, noted the immense benefit to Kenya with the Treaty, in regards to technology transfer. 

"With this treaty, we are going to get an opportunity to know what is happening at the high seas and since we don’t have the technology it is only by assenting to this treaty that we will be able to benefit with the knowledge that is being harvested there."

The Leader of the Majority Party Hon. Kimani Ichung'wah (Kikuyu), further asserted that the Agreement will enable countries to share the benefits of the resources drawn from those areas equitably and fairly.

"I support this agreement and as a country, we stand to benefit a lot from the things that come to Nations that have seas. If no treaty governs that area that is beyond the 200 nautical miles, that space is bound to be abused by many people. This treaty will enable countries to share the benefits of the resources drawn from those areas equitably and fairly. Upon ratification, we need to align our laws to be in line with that agreement." Said Hon. Ichung'wah. 

Hon. Peter Kaluma (Homabay Town) affirmed that this Agreement will enable the country to protect areas beyond our territorial boundaries but within the national jurisdiction, as these areas form the exclusive economic zones for purposes of exclusive economic exploitation. 

In his reply, Hon. Bowen thanked all the Members for their input, noting also the need to have our own East African Treaty on fisheries to protect our citizens from undue arrests, as proposed by Hon. Millie Odhiambo, the Minority Party Whip.