Kenya Act or statute

Parliament of Kenya

Kenya Ports Authority Act

Jurisdiction: Kenya
Structure: 72 provisions
Citation: Cap. 391
Dates: As at 31 Dec 2022

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Dates: As at 31 Dec 2022

Source attribution: Source: Kenya Law

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Purpose and legislative effect

“This Act may be cited as the Kenya Ports Authority Act.”

This Act may be cited as the Kenya Ports Authority Act. Section 2 provides interpretation and application, defining terms used throughout the Act. Establishes the Kenya Ports Authority and states its name. The Cabinet Secretary shall appoint the Chairperson of the Board. The Cabinet Secretary must appoint a Managing Director after consulting the Board and determine the Managing Director's terms; the Managing Director holds the control and executive management of the Authority, subject to the Act.

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PRELIMINARY AND INTERPRETATION - 1. Short title

This Act may be cited as the Kenya Ports Authority Act.

Section 1

CONTROL OF PORTS - 35. Power to amend the Second Schedule

Section 35: The Cabinet Secretary may, by order, amend the provisions of the Second Schedule.

Section 35

RESPONSIBILITY AS A WAREHOUSEMAN - 23. Limitation of liability for loss,etc., of goods deposited in cloakroom

The Authority's liability for loss, damage or delay of goods deposited in a cloakroom is capped at two hundred shillings, unless the depositor declares a higher value and pays the additional Tariff Book charge, in which case liability is limited to the…

Section 23

PROVISIONS RELATING TO OFFENCES - 54. Employee endangering safety

An employee endangering safety by contravening any of the provisions of this Act.

Section 54

MISCELLANEOUS - 72. Regulations

Section 72

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Showing 72 of 72 provisions

Provision 54Offence 12Commencement 3Short title

Part I

PRELIMINARY AND INTERPRETATION

§ 1PRELIMINARY AND INTERPRETATION - 1. Short titleShort title

This Act may be cited as the Kenya Ports Authority Act.

Section 1. Short title Section This Act may be cited as the Kenya Ports Authority Act.

Section 1Verify source

§ 2PRELIMINARY AND INTERPRETATION - 2. Interpretation and applicationInterpretation

Section 2 provides interpretation and application, defining terms used throughout the Act.

Section 2. Interpretation and application Section 2(1) In this Act, except where the context otherwise requires— "animals" means animate things of every kind except human beings; "authorized employee" means an employee authorized by the Managing Director to exercise the powers or perform the duties in respect of which the expression is used; "beacon" means any light, mark or other structure, erected by the Authority for the purposes of navigation; "Chairperson" means the Chairperson of the Board appointed under section 4 ; "charges" means all sums received or receivable, charged or chargeable for, or in respect of, any ship or port or the handling or warehousing of goods by the Authority or for, or in respect of, any other service performed or facilities provided by the Authority; "customs law" means any law in force imposing or relating to the collection of customs or excise duties or transfer tax; "employee" means any person in the service of the Authority; "ferry" means any vessel plying within a port, or the approaches thereto, for the purpose of the carriage of passengers or goods; "goods" includes luggage, animals (whether alive or dead) and all other movable property of any description; "Managing Director" means the Managing Director of the Authority appointed under section 5 ; "master" in relation to a ship, means any person other than a pilot having charge of that ship; "perishable goods" means goods liable to rapid deterioration and, in particular, means fish, fruit, vegetables, potatoes, plants, bread, meat, game, butter, eggs, milk, cheese, birds, poultry, small animals and any other thing which the Managing Director may by notice in the Gazette declare to be perishable goods; "port" means any of the ports set out in Parts I and II of the Second Schedule; "port office" means any office in a port where rates and charges may be paid to the Authority; "the purposes of the Authority" means any purpose necessary or desirable for the performance of the services, or the provision of any facilities, which the Authority is authorized to perform or provide under this Act; "rates" includes all sums which may, under the provisions of this Act, be levied for, or in respect of, any ship or port or the handling or warehousing of goods by the Authority or for, or in respect of, any other service performed or facility provided by the Authority; "ship" includes any vessel, tug, lighter, or boat of any kind whatsoever whether propelled by steam or otherwise or towed; "Tariff Book" means the tariff book published by the Authority under section 30 ; "vehicle" means any vehicle other than a ship; "warehouse" includes any building, place, wagon, ship or vehicle when used by the Authority for the purpose of warehousing or depositing goods; "waterworks" includes boreholes, wells, reservoirs, dams, weirs, tanks, cisterns, conduits, aqueducts, pipes, hydrants, taps, pumps, engines and all other structures, plant and appliances used or constructed for obtaining, storing, purifying, conveying, distributing, measuring or regulating water. Section 2(2)(a) "premises occupied by the Authority" means premises vested in or placed at the disposal of the Authority for the purposes of the Authority; Section 2(2)(b) "property of the Authority" means property vested in the Authority for the purposes of the Authority; Section 2(2)(c) "the possession of the Authority" means the possession by any employee in the course of his duty; Section 2(2)(d) "accepted by the Authority" means accepted by an employee or agent of the Authority for handling or warehousing by the Authority in accordance with the provisions of this Act: Section 2(2)(e) "operated by the Authority" means operated by the Authority in accordance with the provisions of this Act; Section 2(2)(f) "vehicle of the authority" includes vehicles operated on behalf of the Authority. Section 2(3) This Act shall apply to inland waterways ports. [Act No. 18 of 2014 , Sch.]

Section 2Verify source

Part II

ESTABLISHMENT OF THE AUTHORITY

§ 3ESTABLISHMENT OF THE AUTHORITY - 3. Establishment and incorporation of the Kenya Ports AuthorityProvision

Establishes the Kenya Ports Authority and states its name.

Section 3. Establishment and incorporation of the Kenya Ports Authority Section 3(1) There shall be an Authority to be known as the Kenya Ports Authority, in this Act referred to as the Authority. Section 3(2) The Authority shall be a body corporate with perpetual succession and a common seal and shall have power to sue and be sued in its corporate name and to acquire, hold and dispose of movable and immovable property for the purposes of the Authority. Section 3(3) The headquarters of the Authority shall be at Mombasa.

Section 3Verify source

Part III

MANAGEMENT OF THE AUTHORITY

§ 4MANAGEMENT OF THE AUTHORITY - 4. Board of DirectorsProvision

The Cabinet Secretary shall appoint the Chairperson of the Board.

Section 4. Board of Directors Section a Chairperson of the Board who shall be appointed by the Cabinet Secretary;

Section 4Verify source

§ 5MANAGEMENT OF THE AUTHORITY - 5. Managing DirectorProvision

The Cabinet Secretary must appoint a Managing Director after consulting the Board and determine the Managing Director's terms; the Managing Director holds the control and executive management of the Authority, subject to the Act.

Section 5. Managing Director Section 5(1) There shall be a Managing Director who shall be appointed by the Cabinet Secretary after consultation with the Board and whose terms and conditions of service shall be determined by the Cabinet Secretary in the instrument of appointment or otherwise in writing from time to time. Section 5(2) Subject to this Act, the control and executive management of the Authority shall be vested in the Managing Director.

Section 5Verify source

§ 6MANAGEMENT OF THE AUTHORITY - 6. Remuneration of Directors of the BoardProvision

The Authority must pay directors remuneration, fees or allowances for expenses as determined by the Cabinet Secretary.

Section 6. Remuneration of Directors of the Board Section The Authority shall pay to the directors such remuneration, fees or allowances for expenses as may be determined by the Cabinet Secretary: Provided that no remuneration, fees or allowances shall be paid to any director who is a public officer in receipt of a salary.

Section 6Verify source

§ 7MANAGEMENT OF THE AUTHORITY - 7. Further provision as to the BoardProvision

The First Schedule shall have effect with respect to the constitution or organization of the Board.

Section 7. Further provision as to the Board Section The First Schedule shall have effect with respect to the constitution or organization of the Board and otherwise in relation thereto.

Section 7Verify source

Part IV

FUNCTIONS AND POWERS OF THE AUTHORITY,ETC.

§ 10FUNCTIONS AND POWERS OF THE AUTHORITY,ETC. - 10. Powers of the BoardProvision

The Board has the power to approve any minor alteration in the tariffs, rates, fares and other charges.

Section 10. Powers of the Board Section approve any minor alteration in the tariffs, rates, fares and other charges;

Section 10Verify source

§ 11FUNCTIONS AND POWERS OF THE AUTHORITY,ETC. - 11. Powers of the Cabinet SecretaryProvision

The Cabinet Secretary has the power to give general directions to the Board about the Authority's operations.

Section 11. Powers of the Cabinet Secretary Section give directions of a general nature to the Board relating to the operation of the undertaking of the Authority;

Section 11Verify source

§ 12FUNCTIONS AND POWERS OF THE AUTHORITY,ETC. - 12. Powers of the Authority as a statutory bodyProvision

Section 12 lists extensive powers granted to the Authority (as a statutory body) including maintaining and regulating ports, constructing navigational aids and ports, carrying on port-related businesses, acting as warehousemen and carriers (subject to Cabinet Secretary determination), consigning goods internationally, providing facilities, constructing and improving port works, levying charges, disposing of surplus property subject to government consent, providing employee housing, holding shares and forming subsidiaries, and related commercial arrangements; subsection (3) clarifies these powers do not authorize disregarding any law; subsection (4) conditions construction on certain land on owner agreement or section 13 procedures.

Section 12. Powers of the Authority as a statutory body Section 12(1)(a) to maintain, operate, improve and regulate the ports set out in the Second Schedule; Section 12(1)(b) to construct, operate and maintain beacons and other navigational aids; Section 12(1)(c) to construct new ports; Section 12(1)(d) to carry on the business of stevedore, wharfinger or lighterman; Section 12(1)(e) to act as warehousemen and to store goods whether or not such goods have been or are to be handled as cargo or carried by the Authority; Section 12(1)(f) to the extent determined by the Cabinet Secretary, to act as carriers of goods or passengers by land or sea; Section 12(1)(g) to consign goods on behalf of other persons to any places whether within Kenya or elsewhere; Section 12(1)(h) to provide such amenities or facilities for persons making use of the services performed or the facilities provided by the Authority as may appear to the Board necessary or desirable. Section 12(2)(a) to construct any wharf, pier, landing stage, road, bridge, building or any other necessary or desirable works required for the purposes of the Authority; Section 12(2)(b) to clean, deepen, improve or alter any port or the approaches thereto; Section 12(2)(c) for the towage, protection, or salvage of life or property; Section 12(2)(c)(i) for the towage, protection, or salvage of life or property; Section 12(2)(c)(ii) for the carriage of goods and passengers; Section 12(2)(d) to appoint, license and manage pilots; Section 12(2)(e) to control the erection and use of wharves in any port or the approaches thereto; Section 12(2)(f) to operate trains and road transport; Section 12(2)(g) to carry on any business necessary or desirable to be carried on for the purposes of the Authority and to act as agent for the Government in the provision of any agreed functions; Section 12(2)(h) to acquire, construct, manufacture, maintain, or repair, any waterworks or electric generating plant or any other works, plant or apparatus necessary or desirable for the supply or transmission of water or of electric energy to any person; Section 12(2)(i) to determine, impose and levy rates, fares, charges, dues or fees for any service performed by the Authority or for the use by any person of the facilities provided by the Authority or for the grant to any person of a licence, permit or certificate; Section 12(2)(j) the use by any person of the services performed, or the facilities provided, by the Authority; or Section 12(2)(j)(i) the use by any person of the services performed, or the facilities provided, by the Authority; or Section 12(2)(j)(ii) the presence of any person, ship, vehicle or goods within any port or on any premises occupied by the Authority; Section 12(2)(k) to sell, let or otherwise dispose of any property, movable or immovable, which in the opinion of the Board is not necessary for the purposes of the Authority: Provided that the Authority shall not so sell, let or otherwise dispose of any building or land placed at its disposal by the Government otherwise than with the consent of, and under conditions agreed by, the Government; Section 12(2)(l) to provide houses and other accommodation for employees; Section 12(2)(m) to act as agent for any person engaged, whether within Kenya or elsewhere, in the performance of services, or the provision of facilities, of a kind similar or complementary to those performed or provided by the Authority; Section 12(2)(n) for the supply, construction, manufacture, maintenance or repair by that person of any property, movable or immovable, necessary or desirable for the purposes of the Authority; Section 12(2)(n)(i) for the supply, construction, manufacture, maintenance or repair by that person of any property, movable or immovable, necessary or desirable for the purposes of the Authority; Section 12(2)(n)(ii) for the performance or provision by that person of any of the services or the facilities which may be performed or provided by the Authority; Section 12(2)(n)(iii) for the payment, collection or apportionment of any fares, rates, charges or other receipts arising out of the performance or the provision by that person of any such services or facilities and, for such purposes, to finance or assist in financing the activities of the person whether by way of loan, the holding of stocks, shares or securities, the guaranteeing of interest or the retention of any stocks, shares or securities or otherwise; Section 12(2)(o) to enter into an agreement with any person carrying on business as a carrier of passengers or goods, whether within Kenya or elsewhere, providing for the carriage of passengers or goods by or on behalf of the Authority and of that person under one contract or at a through fare or rate; Section 12(2)(p) to hold shares in any corporation and to establish or acquire any subsidiary corporation; and Section 12(2)(q) the use by either party of the facilities or equipment maintained by the other; Section 12(2)(q)(i) the use by either party of the facilities or equipment maintained by the other; Section 12(2)(q)(ii) the temporary employment of staff of one party by the other on secondment or otherwise; Section 12(2)(q)(iii) the charges made in respect of the use of any service or facility to which the arrangement or agreement relates; Section 12(2)(q)(iv) the financing of any project by either or both parties; Section 12(2)(q)(v) research connected with any existing service or facility provided by either party or in relation to any service or facility under consideration; and Section 12(2)(q)(vi) the joinder in the arrangement or agreement by any other person. Section 12(3) For the avoidance of doubt, it is hereby declared that subsections (1) and (2) relate only to the capacity of the Authority as a statutory authority and nothing in those provisions shall be construed as authorizing the disregard by the Authority of any law. Section 12(4) The powers conferred on the Authority under this section to construct or improve any port shall empower the construction or execution of any works necessary thereto on land vested in the Authority or on land placed at its disposal by the Government for the purposes of the Authority or, in the case of land not so vested in, or placed at the disposal of, the Authority, only with the agreement of the owner of the land on which such works are to be constructed or executed, and where any land is required by the Authority for the purposes of the Authority, the Authority shall proceed in accordance with section 13 .

Section 12Verify source

§ 13FUNCTIONS AND POWERS OF THE AUTHORITY,ETC. - 13. Acquisition of land for the purposes of the AuthorityProvision

Section 13 authorises the Authority to acquire land (by agreement if not public land), requires notification to the Cabinet Secretary if acquisition by agreement fails or the land is public, empowers the Cabinet Secretary to place public land at the Authority's disposal, deems existing acquisition powers to extend to the Authority, makes the Authority pay compensation where land acquired by the President or Cabinet Secretary is placed at the Authority's disposal, allows the Authority to convey or surrender surplus land (with special rules for public or trust land), and defines "public land" for the section.

Section 13. Acquisition of land for the purposes of the Authority Section 13(1)(a) if such land is not public land, acquire such land through negotiation and agreement with the registered owner thereof: Provided that, notwithstanding the provisions of section 6 of the Land Control Act ( Cap. 302 ), the ensuing transaction shall not require the consent of a land control board if the land to be acquired is agricultural land; or Section 13(1)(b) if such land is public land, or if the Authority is unable to acquire it by agreement in accordance with paragraph (a) of this subsection, notify the Cabinet Secretary responsible for public lands that the land specified in the notice is required for the purposes of the Authority. Section 13(2)(a) if the land is public land, the Cabinet Secretary responsible for lands may, in his discretion and upon such terms and conditions as he may think fit, place such land at the disposal of the Authority for the purposes of the Authority; Section 13(2)(b) if the land is not public land, any provision in any written law which empowers the President or the Cabinet Secretary responsible for lands to acquire or direct the acquisition of such land for any specific purpose shall be deemed to include a power enabling the President or the Cabinet Secretary responsible for lands to acquire or direct the acquisition of such land for the purposes of the Authority. Section 13(3) Where any compensation is payable to any person in respect of any land, specified in the notice given under subsection (1)(b), acquired by the President or the Cabinet Secretary responsible for lands, and such land after being so acquired is placed at the disposal of the Authority in accordance with subsection (2)(a), the amount of compensation payable to that person, in accordance with the provisions of the law under which the land was acquired, shall be paid by the Authority. Section 13(4) The Authority may at any time convey, transfer or surrender any land surplus to both its existing and future requirements by a conveyance or a deed of surrender either for, or without, consideration: Provided that land which was public land or trust land shall be surrendered to the Government and shall not be conveyed or transferred to any other person unless the Cabinet Secretary responsible for lands shall consent and so direct. Section 13(5) The provisions of subsection (4) shall apply to land vested in the Authority by any written law, including this Act, as well as land conveyed to it or otherwise placed at its disposal. Section 13(6) In this section— "public land" means all public land in Kenya, excluding trust land, which is vested in the Government for public purposes or for the purposes of the Authority or its predecessors in title and for the purposes of the proviso subsection (4) includes land previously so vested; Spent

Section 13Verify source

§ 14FUNCTIONS AND POWERS OF THE AUTHORITY,ETC. - 14. Power to enter and survey landProvision

Authorized employees of the Authority may enter and survey any land for the purposes of the Authority; if damage is caused by exercising those powers, the owner or occupier is entitled to compensation under the Act.

Section 14. Power to enter and survey land Section 14(1) Any authorized employee of the Authority may, for the purposes of the Authority, enter upon any land and survey such land or any portion thereof. Section 14(2) Where any damage to land is caused, by reason of the exercise of the powers conferred by this section, the owner or occupier of the land shall be entitled to compensation therefor in accordance with this Act.

Section 14Verify source

§ 15FUNCTIONS AND POWERS OF THE AUTHORITY,ETC. - 15. Power to enter land to prevent accidents,etc.Provision

The Authority may enter land to cut down or remove obstructions that obscure beacons or fixed signals or that may cause danger, may execute works to prevent or repair accidents, and may apply to the High Court for demolition/modification orders or recovery of costs when a building erected obscures a beacon or signal.

Section 15. Power to enter land to prevent accidents,etc. Section 15(1)(a) cut down or remove any tree or other obstruction, not being a building, which obscures the view of any beacon or other fixed signal which is likely to cause any obstruction or any danger to the safety of navigation or of any such service; Section 15(1)(b) execute such other works as may be necessary to prevent the occurrence of any accident or to repair any damage caused as a result of any accident. Section 15(2) If any tree or other obstruction cut down or removed under subsection (1)(a) came into existence subsequent to the erection of any beacon or fixed signal or to the service being provided at that place, no compensation shall be payable in respect of such entry, or the cutting down or removal of such tree or other obstruction. Section 15(3) Where any person erects any building which obscures the view of any beacon or other fixed signal or is likely to cause any obstruction or any danger to navigation or to the operation of any service provided by the Authority, the Authority may, unless such person has previously obtained the approval of the Managing Director to the erection of such building or has modified it to the satisfaction of the Managing Director, apply to a judge of High Court for an order for the demolition or modification of such building or, as the case may require, for the payment to the Authority of the cost incurred in resiting or replacing any fixed beacon, signalling or other equipment which is necessary to prevent such obstruction or danger and the Court, at its discretion, may grant such order and may make such order as to the payment of compensation and costs as it thinks fit.

Section 15Verify source

§ 16FUNCTIONS AND POWERS OF THE AUTHORITY,ETC. - 16. Power to enter land to alter position of pipes,etc.Provision

The Authority or an authorized employee may enter land to alter positions of pipes, wires or drains; the Authority must arrange maintenance during such work; persons suffering damage from exercise of these powers are entitled to compensation; the section does not apply to oil pipelines of the Kenya Pipeline Company Limited.

Section 16. Power to enter land to alter position of pipes,etc. Section 16(1) Subject to the provisions of this section the Authority, or any authorized employee, may, for the purposes of the Authority, enter upon any land and alter the position of any pipe for the supply of gas, oil, water or compressed air or the position of any electric, telephone or telegraphic wire or the position of any drain. Section 16(2)(a) such authority or person may authorize a representative to superintend such work and may require the Authority to execute such work to the satisfaction of such representative; Section 16(2)(b) the Authority shall make arrangements for the maintenance of the supply of gas, oil, water, compressed air or electricity, for the continuance of the telephone or telegraph communications or for the maintenance of the drainage, as the case may be, during the execution of such work. Section 16(3) Where any damage is caused by reason of the exercise of the powers conferred by this section, the person suffering such damage shall be entitled to compensation therefor in accordance with this Act. Section 16(4) This section shall not apply to any oil pipeline owned or operated by the Kenya Pipeline Company Limited.

Section 16Verify source

§ 17FUNCTIONS AND POWERS OF THE AUTHORITY,ETC. - 17. Power to take waterProvision

Power to take water

Section 17. Power to take water Section if there is any law regulating the taking of any such water, to the provisions of that law; or

Section 17Verify source

§ 8FUNCTIONS AND POWERS OF THE AUTHORITY,ETC. - 8. General duty of the BoardProvision

The Board must, through the Authority's undertaking, provide a coordinated system of ports and related facilities and perform a set of specified duties including efficient operation, financial administration per Part V, providing cargo handling and warehousing facilities, development consistent with economy, and ensuring no undue preference or disadvantage.

Section 8. General duty of the Board Section 8(1) It shall be the duty of the Board to provide by means of the undertaking of the Authority a co-ordinated system of ports and facilities relating thereto. Section 8(2)(a) the fullest development, consistent with economy, of the undertaking of the Authority; Section 8(2)(b) that the undertaking of the Authority is operated efficiently, economically and with due regard to safety; Section 8(2)(c) that the financial administration of the Authority is conducted in accordance with Part V; Section 8(2)(d) that the Authority provides all reasonable facilities for handling and warehousing of cargo and other goods; and Section 8(2)(e) that no particular person or body is given any undue preference or is subjected to any undue disadvantage.

Section 8Verify source

§ 9FUNCTIONS AND POWERS OF THE AUTHORITY,ETC. - 9. Powers of Managing DirectorProvision

The Managing Director has the power to establish and operate port services and related facilities.

Section 9. Powers of Managing Director Section establish and operate port services and facilities relating thereto;

Section 9Verify source

Part IX

CONTROL OF PORTS

§ 34CONTROL OF PORTS - 34. Port limitsProvision

The Cabinet Secretary may, by order, define the limits of any port.

Section 34. Port limits Section The Cabinet Secretary may, by order, define the limits of any port.

Section 34Verify source

§ 35CONTROL OF PORTS - 35. Power to amend the Second ScheduleAmendment

Section 35: The Cabinet Secretary may, by order, amend the provisions of the Second Schedule.

Section 35. Power to amend the Second Schedule Section The Cabinet Secretary may, by order, amend the provisions of the Second Schedule.

Section 35Verify source

§ 36CONTROL OF PORTS - 36. Compulsory pilotage portsProvision

Ships navigating within specified compulsory pilotage ports must be under the pilotage of a pilot, subject to certain exemptions; specified officials may exempt ships or define port limits; the Authority is not liable for pilot fault; owners/masters remain answerable for losses.

Section 36. Compulsory pilotage ports Section 36(1) The ports specified in Part II of the Second Schedule shall be compulsory pilotage ports and all ships, other than exempted ships, navigating, whether by entering, leaving or moving within the limits of a compulsory pilotage port, shall be under the pilotage of a pilot. Section 36(2)(a) ships owned or operated by the Government; Section 36(2)(b) ships owned or operated by the Authority; Section 36(2)(c) authorized ferries plying as such exclusively within the limits of a port; Section 36(2)(d) ships of less than two hundred tons net register; Section 36(2)(e) ships trading exclusively between ports in Kenya; Section 36(2)(f) tugs, dredgers, barges or similar vessels whose ordinary course of navigation does not extend beyond the limits of the port. Section 36(3) The Cabinet Secretary may, by notice in the Gazette , exempt from compulsory pilotage any class of ship either generally or in relation to any particular port. Section 36(4) The Managing Director may exempt from compulsory pilotage any ship in any particular case. Section 36(5) Where any port is a compulsory pilotage port the Cabinet Secretary may, by order, define the limits of such port for the purpose of compulsory pilotage. Section 36(6) The Authority shall not be responsible for any loss or damage caused through the act, neglect or default of any pilot. Section 36(7) The owner or master of a ship navigating under circumstances in which pilotage is compulsory shall be answerable for any loss or damage caused by the ship or by any fault of the navigation of the ship in the same manner as he would if pilotage were not compulsory.

Section 36Verify source

§ 37CONTROL OF PORTS - 37. Passengers,etc., to be embarked,etc., only at a portProvision

The Managing Director may authorize the master of any ship to embark passengers or goods at any place other than a port.

Section 37. Passengers,etc., to be embarked,etc., only at a port Section the Managing Director may authorize the master of any ship to embark passengers or goods at any place other than a port;

Section 37Verify source

§ 38CONTROL OF PORTS - 38. Master to supply information,etc.Provision

The Master must supply information.

Section 38. Master to supply information,etc. Section the ship’s register and the ship’s papers;

Section 38Verify source

§ 39CONTROL OF PORTS - 39. Port rates may be leviedProvision

The Authority may determine and publish port rates and charges in the Tariff Book applicable to ships entering a port.

Section 39. Port rates may be levied Section 39(1) There shall be levied upon every ship entering a port such port rates and charges as the Authority may determine and publish in the Tariff Book. Section 39(2) At any port where there is a port office there shall be available for public inspection at such port office a notice specifying all port rates and charges applicable at that port.

Section 39Verify source

§ 40CONTROL OF PORTS - 40. Power to arrest ship for port chargesProvision

Authorized employees may arrest and detain ships for unpaid port charges, may sell detained ships after seven days unpaid, retain charges and expenses from sale proceeds, and must deliver any remaining balance to the person responsible.

Section 40. Power to arrest ship for port charges Section 40(1) Where any port charges are owing in respect of any ship, an authorized employee may arrest the ship and the tackle, apparel and furniture thereof and may detain it until the amount of such charges is paid. Section 40(2) Where, after such arrest, any such port charges remain unpaid for a period of seven days, an authorized employee may cause the ship and the tackle, apparel and furniture thereof arrested, to be sold and out of the proceeds of such sale he may retain the amount of any port charges which are owing and the expenses of the detention and sale thereof, and shall deliver the balance, if any, to the person responsible, under this Act, for the payment of such port charges. Section 40(3) Where any ship, in respect of which port charges are owing and have not been secured to the satisfaction of an authorized employee leaves any port and enters or is in any other port then such ship may be dealt with as if the port charges so owing and secured were port charges owing in respect of such other port.

Section 40Verify source

§ 41CONTROL OF PORTS - 41. Refusal of outward clearanceOffence

Outward clearance is conditioned on payment or security of all port rates, charges, penalties and expenses payable by the ship and her master to the satisfaction of an authorized employee.

Section 41. Refusal of outward clearance Section all port rates and charges due in respect of the ship, and all penalties and expenses to which the ship and her master are liable under this Act, have been paid or secured to the satisfaction of an authorized employee; and

Section 41Verify source

§ 42CONTROL OF PORTS - 42. Powers of authorized employee in relation to a portOffence

Authorised employees have powers to remove obstructions, act in urgent necessity, and enter ships or buildings in ports; owners must pay removal expenses; Authority may detain, sell items after seven days unpaid and must deliver any balance to the person appearing to the Managing Director entitled thereto.

Section 42. Powers of authorized employee in relation to a port Section 42(1)(a) remove any obstruction to a port or its approaches or any boat, timber, raft or other thing floating in a port which endangers or obstructs, or is likely to endanger or obstruct, the free navigation of the port or the use of any wharf or dock therein; Section 42(1)(b) in case of urgent necessity, take any action in a port which in his opinion may be necessary to prevent any danger to life or shipping; Section 42(1)(c) enter upon any ship or into any building in a port if it is necessary for him so to do in the performance of any duty under this Act or if he has reasonable grounds for believing that an offence against this Act has been, or is about to be, committed therein. Section 42(2) The owner of any thing removed by an authorised employee under the provisions of paragraph (a) of subsection (1) shall, without prejudice to any other action which may be taken against him, be liable to pay the reasonable expenses of such removal; and such thing may be detained by such employee until such expenses are paid. Section 42(3) Where any thing is removed under the provisions of paragraph (a) of subsection (1) and the expenses of removal have not been paid within seven days of such removal, the Authority may sell such thing by public auction and may out of the proceeds of sale retain the expenses of such removal, detention and sale and shall deliver the balance, if any, to the person appearing to the Managing Director entitled thereto. Section 42(4) The provisions of this section are in addition to, and not in derogation of, the provisions of any law relating to wreck.

Section 42Verify source

§ 43CONTROL OF PORTS - 43. Powers of health officers in a portProvision

Port health officers have specified powers at a port including medical examination, inspection of provisions and accommodation, requiring the master to produce log-books/documents, questioning persons, and prohibiting or detaining persons suspected of infectious disease; "health officer" is defined.

Section 43. Powers of health officers in a port Section 43(1)(a) medically examine any person therein; Section 43(1)(b) inspect the provisions, medicines and accommodation therein; Section 43(1)(c) require the master to produce the log-book and any other documents which such health officer may think necessary for the purpose of ascertaining the state of health of persons therein and the master shall produce such log-book or documents; Section 43(1)(d) question any person therein for the purpose of ascertaining the state of health of such person; Section 43(1)(e) prohibit any person therein who appears to be infected with, or who has been exposed to the risk of infection from, any infectious or contagious disease from leaving such ship or cause any such person to be landed and detained in any hospital or quarantine station. Section 43(2) In this section the expression "health officer" means a medical practitioner appointed under any law to discharge the duties of a health officer at a port or such other person as may be deputed to perform port health duties by the Port Health Officer.

Section 43Verify source

§ 44CONTROL OF PORTS - 44. Authority may retain goods until freight,etc., paidProvision

The Authority may retain goods until freight and related charges are paid, is entitled to custody charges and a lien for those charges, and is freed from liability when it delivers goods to someone producing a receipt or paying the required amount.

Section 44. Authority may retain goods until freight,etc., paid Section 44(1)(a) the production of a receipt for, or a release from, the payment of such amount signed, or purporting to be signed, by or on behalf of the ship owner; or Section 44(1)(b) payment of such amount, together with any rates, charges and duties due in respect of such goods has been made by the person entitled to take delivery thereof. Section 44(2) Where the Authority delivers any goods in respect of which a notice has been given under subsection (1) to a person producing such receipt or release or making such payment as is referred to in that subsection, the Authority shall be freed from all liability to any person in respect of the goods. Section 44(3) The Authority shall be entitled to such charges as may be determined under this Act in respect of the custody of any goods delivered to it in accordance with this section and may do all such reasonable acts and incur such reasonable expenses as are necessary for the proper custody and preservation of the goods and shall have a lien on the goods for such charges and any other expenses so incurred. Section 44(4) Nothing in this section shall be construed as requiring the Authority to take into the custody of the Authority any goods which would not otherwise be receivable by the Authority under the provisions of this Act or as requiring the Authority to inquire into the validity of any claim for freight or any other charges made in any notice given by any master under subsection (1).

Section 44Verify source

§ 45CONTROL OF PORTS - 45. Liability for demurrageProvision

The Authority is not liable for any demurrage on any ship.

Section 45. Liability for demurrage Section The Authority shall not be liable for any demurrage which may occur or be due on any ship howsoever such demurrage may have been caused.

Section 45Verify source

§ 46CONTROL OF PORTS - 46. Master responsible for contravention of Act,etc., in respect of shipProvision

The master of a ship must ensure the ship complies with the provisions of the Act.

Section 46. Master responsible for contravention of Act,etc., in respect of ship Section The master of a ship shall be responsible for the compliance in respect of such ship with the provisions of this Act and, in the event of a contravention thereof, may be proceeded against and held responsible for such contravention.

Section 46Verify source

§ 47CONTROL OF PORTS - 47. Act to be available to masterProvision

The Authority must keep, in every port, a copy of the Act, related port regulations and quarantine laws available for inspection by a ship's master.

Section 47. Act to be available to master Section The Authority shall, in every port, maintain for the inspection of the master of any ship arriving at such port a copy of this Act, any port regulations made thereunder and of any law relating to quarantine.

Section 47Verify source

Part V

FINANCIAL PROVISIONS

§ 18FINANCIAL PROVISIONS - 18. Principles of operationProvision

The Authority must operate on commercial principles and ensure, on average from year to year, that gross revenue covers properly chargeable outgoings and that net operating income yields an annual return on net fixed assets at a percentage set by the Cabinet Secretary; the Authority may invest its funds subject to directions from the Cabinet Secretary responsible for finance.

Section 18. Principles of operation Section 18(1) It shall be the duty of the Authority to conduct its business according to commercial principles and to perform its functions in such a manner as to secure that, taking one year with another, its gross revenue is not less than sufficient to meet its outgoings which are properly chargeable to revenue account including proper allocations to the general reserve and provision in respect of depreciation of capital assets, pension liabilities and interest and other provision for the repayment of loans and further to ensure that, taking one year with another, its net operating income is not less than sufficient to secure an annual return on the value of the net fixed assets in operation by the Authority of such a percentage as the Cabinet Secretary may, from time to time, direct. Section 18(2)(a) "net operating income" shall be determined by subtracting from gross operating revenue all operating and administrative expenses including adequate provision for maintenance and depreciation but excluding interest and other charges on debt; Section 18(2)(b) "value of the net fixed assets in operation" shall be the gross value of such assets less the amount of accumulated depreciation shown in the statement of accounts of the Authority: Section 18(3) In the exercise of its duty under subsection (1), the Authority may, subject to any direction of a general nature which may be given to the Board by the Cabinet Secretary responsible for finance, invest moneys standing to the credit of the Authority in such securities as the Board thinks fit.

Section 18Verify source

§ 19FINANCIAL PROVISIONS - 19. Borrowing powersProvision

The Authority may borrow money (by issuing loan stock or otherwise, in Kenya or abroad) subject to approval, concurrence or limitations by the Cabinet Secretary responsible for finance; except as provided, the Authority must not mortgage or charge its property or assign it as security for borrowed money.

Section 19. Borrowing powers Section 19(1) The Authority may borrow money by the issue of loan stock on such terms as may be approved by the Cabinet Secretary responsible for finance. Section 19(2) The Authority may otherwise borrow money or obtain credit in Kenya or abroad for its purposes with the concurrence of, and subject to such limitations as may be imposed by the Cabinet Secretary responsible for finance. Section 19(3) Such stock issued under the provisions of subsection (1), and such moneys borrowed or credit obtained under the provisions of subsection (2), as the Cabinet Secretary responsible for finance shall approve for the purposes of this subsection, and all interest and other charges payable in respect of such stock, moneys or credit, shall, unless the instrument or note evidencing or supporting such borrowing shall otherwise provide, be charged upon all the property, undertaking and revenue of the Authority by operation of this section and without further charge or instrument. Section 19(4) Any stock issued by the East African Harbours Corporation which, by virtue of any order made under subsection (4) of section 74 , becomes the liability of the Authority shall, subject to the terms of such order, be deemed to be stock issued by the Authority and shall be held in the same right and on the same trusts and subject to the same powers, privileges, provisions and charges as those in, on or subject to which such stock was issued. Section 19(5) Except as provided in this section, the Authority shall not give or execute any mortgage or charge over any of its property or assign its property by way of security for borrowed money.

Section 19Verify source

Part VI

ACCOUNTS AND REPORTS

§ 20ACCOUNTS AND REPORTS - 20. Annual accountsProvision

The Board must keep proper accounts and prepare and transmit annual accounts to the Auditor-General within six months (or longer if allowed); the Auditor-General must audit, examine, certify and report; the Board must send the certified accounts to the Cabinet Secretary, who must present them to Parliament within nine months (or longer if allowed).

Section 20. Annual accounts Section 20(1) The Board shall ensure that proper accounts and other records are kept in relation to the revenue and expenditure of the Authority and shall ensure that within six months of the end of each financial year of the Authority or such longer period as the Cabinet Secretary may allow in any particular case, a statement of accounts of the Authority is prepared in accordance with the best commercial standards and any directions which may be issued by the Cabinet Secretary, and transmitted to the Auditor-General. Section 20(2) The accounts of the Authority and of all officers and authorities of the Authority shall be audited by the Auditor-General and for that purpose the Auditor-General and any person authorized by him in that behalf, whether or not a public officer, shall have access to all books, records, returns and other documents relating to those accounts and upon receipt of a statement of accounts transmitted to him under subsection (1) the Auditor-General shall examine it, certify it and report on it and shall return the statement with his certificate and report to the Board within sufficient time to enable compliance with subsection (3). Section 20(3) Upon the return of the statement of accounts certified by the Auditor-General, and the receipt of his report thereon, the Board shall immediately transmit that statement of accounts and report to the Cabinet Secretary who shall cause the same to be presented to Parliament without delay and in any event before the expiry of nine months from the end of the financial year to which they relate or such longer period as the Cabinet Secretary may in any particular case allow. [Act No. 12 of 1985 , Sch.]

Section 20Verify source

§ 21ACCOUNTS AND REPORTS - 21. Annual report and financial yearCommencement

The Board must prepare a report within nine months after each financial year and transmit it to the Cabinet Secretary, who must cause it to be presented to Parliament with the accounts and Auditor-General's report. The Authority's financial year runs from 1 January to 31 December; the first financial year runs from commencement to 31 December 1978.

Section 21. Annual report and financial year Section 21(1) The Board shall, within nine months after the end of each financial year, prepare a report upon the operation of the Authority during that year and shall transmit such report to the Cabinet Secretary who shall cause the same to be presented to Parliament together with the statement of accounts and report of the Auditor-General (Corporations) referred to in section 20 . Section 21(2) The financial year of the Authority shall run from the 1st January to the 31st December in each year: Provided that the first financial year shall be from the commencement of this Act to the 31st December, 1978.

Section 21Verify source

Part VII

RESPONSIBILITY AS A WAREHOUSEMAN

§ 22RESPONSIBILITY AS A WAREHOUSEMAN - 22. Liability for loss of goods,etc.Provision

Section 22 addresses liability for loss of goods and refers to an "act of God."

Section 22. Liability for loss of goods,etc. Section an act of God;

Section 22Verify source

§ 23RESPONSIBILITY AS A WAREHOUSEMAN - 23. Limitation of liability for loss,etc., of goods deposited in cloakroomProvision

Section 23. Limitation of liability for loss,etc., of goods deposited in cloakroom Section 23(1) The liability of the Authority for any loss or misdelivery of, damage to, or delay in the delivery of any goods deposited in a cloakroom shall not in any case exceed two hundred shillings unless at the time of such deposit the person depositing the goods declared that the value thereof exceeded that amount and paid, or agreed to pay, such additional charge as may be determined in the Tariff Book in respect of such excess value; and thereupon the liability of the Authority shall not in any case exceed such declared value. Section 23(2) For the purpose of this section the expression "cloakroom" means any place provided by the Authority as a facility, for the temporary deposit of goods by persons using the services provided by the Authority.

Section 23Verify source

Part VIII

OPERATION OF THE AUTHORITY

§ 24OPERATION OF THE AUTHORITY - 24. Authority may determine conditions for handling and warehousing of goodsProvision

The Authority may set conditions and may set rates and charges for handling or warehousing goods; different conditions may apply in different cases.

Section 24. Authority may determine conditions for handling and warehousing of goods Section 24(1)(a) determine the conditions upon which goods shall be handled or warehoused by the Authority and different conditions may be determined in different cases, and such conditions shall be published in the Tariff Book and shall, subject as aforesaid, have effect from the date of such publication or from such later date as may be specified therein; Section 24(1)(b) determine the rates and charges for the handling or warehousing of goods and for any other service or facility; and such rates and charges shall be published in the Tariff Book and shall, subject as aforesaid, have effect from the date of such publication or from such later date as may be specified therein. Section 24(2)(i) such conditions, rates and charges shall, if they are of a continuing nature, be available to the public on request; Section 24(2)(ii) the determination of such conditions, rates and charges shall not of itself constitute an undue preference under section 8 (2)(e).

Section 24Verify source

§ 25OPERATION OF THE AUTHORITY - 25. Description,etc., of goods to be deliveredProvision

Consignors, persons tendering, and consignees must give a signed written account describing goods so the Authority can determine handling or warehousing charges; authorized employees may inspect goods and may refuse acceptance or delivery (including charging up to the highest or double-highest rate) in specified circumstances.

Section 25. Description,etc., of goods to be delivered Section 25(1) The consignor of, or the person tendering, any goods to the Authority for handling or warehousing, and, on request by an authorized employee, the consignee of, or person receiving, any goods which have been handled or warehoused by the Authority shall deliver to an authorized employee an account in writing signed by such consignor, person or consignee, as the case may be, containing such description of the goods as may be sufficient to enable such employee to determine the rates and charges payable in respect of the handling or warehousing thereof by the Authority. Section 25(2) Any authorized employee may, for the purpose of checking any account delivered under subsection (1), require such consignor, person or consignee, as the case may be, to permit him to examine such goods. Section 25(3) If such consignor, person or consignee fails to deliver the account referred to in subsection (1) or to permit such goods to be examined as required under subsection (2), an authorized employee may refuse to accept the goods for such handling or warehousing unless in respect thereof a rate or charge not exceeding the highest rate or charge payable for any class of goods is paid; or in respect of goods which have been handled or warehoused the Authority may refuse to deliver such goods unless in respect thereof a rate or charge not exceeding such highest rate or charge is paid. Section 25(4) If, in respect of goods which have been handled or warehoused by the Authority, an account delivered under subsection (1) is found to be false in any material particular with respect to the description of any goods to which it purports to relate, an authorized employee may refuse to deliver such goods unless, in respect of the handling or warehousing of such goods, a rate or charge not exceeding double the highest rate or charge payable for any class of goods is paid.

Section 25Verify source

§ 26OPERATION OF THE AUTHORITY - 26. Goods may be sold to pay rates,etc.Provision

If a person fails to pay a demanded rate or charge, the Authority may detain that person's goods and may sell them (auction immediately for perishables; for other goods after at least fifteen days' notice). From sale proceeds the Authority may retain the debt and sale/detention expenses and must deliver any remaining balance and unsold goods to the person entitled; if that person fails to remove unsold goods after notice the Authority may sell them. The Authority's right to recover the rate by other lawful means is not prejudiced.

Section 26. Goods may be sold to pay rates,etc. Section 26(1) Where any person fails to pay on demand made by an authorized employee any rate or charge due from him in respect of any goods, the Authority may detain the whole or any part of the goods or, if they have been removed from the possession of the Authority, any other goods of such person which may be in, or may thereafter come into, the possession of the Authority. Section 26(2)(a) perishable goods, such auction may take place at once; or Section 26(2)(b) any other goods, such auction may take place on the expiration of at least fifteen days’ notice published in one or more local newspapers, of the intended auction: Section 26(3) The Authority may, out of the proceeds of any sale effected under subsection (2), retain a sum equal to the rate or charge due and the expenses of the detention and sale; and shall deliver the balance, if any, of such proceeds together with such of the goods, if any, as remain unsold to the person appearing to the Managing Director to be entitled thereto: Provided that if such person fails, after notice so to do, to remove within a reasonable time the goods, if any, remaining unsold, the Authority may sell such goods, and dispose of the proceeds of such sale in accordance with this section. Section 26(4) Nothing in this section shall prejudice the right of the Authority to recover any such rate or charge, or any part thereof, by any other lawful means.

Section 26Verify source

§ 27OPERATION OF THE AUTHORITY - 27. Unclaimed goods in possession of the AuthorityProvision

If goods in the Authority's possession are unclaimed and the owner is known the Authority must try to serve a removal notice; in certain cases the Authority may sell goods after a reasonable time not less than three months (except perishables) and keep the proceeds.

Section 27. Unclaimed goods in possession of the Authority Section 27(1) Where any goods in the possession of the Authority are not claimed by the owner or any other person appearing to the Authority to be entitled thereto, the Authority shall, if such owner or person is known, take all reasonable steps to cause a notice to be served upon him requiring him to remove the goods. Section 27(2)(a) the owner of any goods in the possession of the Authority is not known and no person appears to be entitled thereto; or Section 27(2)(b) the notice referred to in subsection (1) cannot for any reason be served; or Section 27(2)(c) there has been a non-compliance with the provisions of any notice served under subsection (1), the Authority may, within a reasonable time not being less (except in the case of perishable goods) than three months, sell the goods and dispose of the proceeds of sale thereof:

Section 27Verify source

§ 28OPERATION OF THE AUTHORITY - 28. Indemnity where goods claimed by two persons,etc.Provision

If any goods, or the proceeds of the sale of any goods, are in the possession of the Authority and are claimed by two or more persons, an indemnity rule applies.

Section 28. Indemnity where goods claimed by two persons,etc. Section any goods, or the proceeds of the sale of any goods, are in the possession of the Authority and such goods, or proceeds, are claimed by two or more persons; or

Section 28Verify source

§ 29OPERATION OF THE AUTHORITY - 29. Dangerous or offensive goods,etc.Provision

Persons tendering dangerous or offensive goods to the Authority must give notice to the employee receiving them; the Authority may refuse, impose special handling conditions, require marking/packing, and authorized employees may examine and order removal of goods handled in contravention.

Section 29. Dangerous or offensive goods,etc. Section 29(1) No person shall tender to the Authority for handling or warehousing any dangerous or offensive goods or any goods which are likely to cause damage to any persons or property without giving notice of the nature of such goods to the employee to whom such goods are so tendered. Section 29(2)(a) refuse to accept such goods for handling or warehousing or accept them only under, and in accordance with, any special provisions dealing with the handling or warehousing of any such goods; Section 29(2)(b) require any such goods to be marked and packed in such manner as he may reasonably direct. Section 29(3) Where any authorized employee has reason to believe that any goods to which this section applies are being handled or warehoused, or have been accepted for handling or warehousing, in contravention of subsection (1) or (2), he may examine such goods and if, on examination, they are found to be goods to which this section applies, he may order their removal from any vehicle of or premises occupied by the Authority. Section 29(4) Nothing in this section shall derogate from the provisions of any law in force relating to the possession or transport of explosives, petroleum, fire-arms or ammunition.

Section 29Verify source

§ 30OPERATION OF THE AUTHORITY - 30. Authority to prepare Tariff Book,etc.Provision

The Authority has the power to prepare a Tariff Book (including required matters and other matters it deems fit) and to make other required books and documents available.

Section 30. Authority to prepare Tariff Book,etc. Section 30(1)(a) a Tariff Book containing all matters which under this Act are required to be contained therein together with such other matters as, under this Act, may be determined by the Authority and such other matters as the Authority may think fit; Section 30(1)(b) such other books and other documents as under this Act are required to be kept. Section 30(2) There shall be available for public inspection at every port office a copy of the Tariff Book containing all amendments for the time being in force.

Section 30Verify source

§ 31OPERATION OF THE AUTHORITY - 31. Accidents to be reportedProvision

Accidents that are attended, or usually attended, and involve loss of life or serious injury to a person or property are required to be reported.

Section 31. Accidents to be reported Section is attended, or is of a kind usually attended, with loss of human life or with serious injury to any person or property;

Section 31Verify source

§ 32OPERATION OF THE AUTHORITY - 32. The Board may order inquiry,etc.Provision

Section 32 permits the Board to order inquiries into port accidents, requires the Board to report certain accidents to the Cabinet Secretary, and requires the Managing Director to provide returns of port accidents to the Board.

Section 32. The Board may order inquiry,etc. Section 32(1) The Board may order such inquiry into any accident which occurs in any port as it may think fit. Section 32(2) The Board shall submit to the Cabinet Secretary a report of any accident of a kind referred to in section 31 setting out inter alia the probable cause of such accident and the steps, if any, which have been taken, or it has directed shall be taken, with a view to avoiding a repetition thereof. Section 32(3) The Managing Director shall make to the Board a return, in such form and at such intervals as the Board may direct, of all accidents occurring in any port whether or not any such accident is attended with injury to any person.

Section 32Verify source

§ 33OPERATION OF THE AUTHORITY - 33. Shipping casualtiesProvision

Sections 31 and 32 do not apply where, in respect of any shipping casualty under any law relating to merchant shipping, a formal investigation is held.

Section 33. Shipping casualties Section Sections 31 and 32 shall not apply where, in respect of any shipping casualty under any law relating to merchant shipping, a formal investigation is, under any such law, held.

Section 33Verify source

Part X

PROVISIONS RELATING TO OFFENCES

§ 48PROVISIONS RELATING TO OFFENCES - 48. Major offencesOffence

Prohibits doing any act that obstructs (or might obstruct) the working of any equipment or vehicle of the Authority used in operating a port and that endangers (or might endanger) the life of any person therein.

Section 48. Major offences Section does any act which obstructs, or might obstruct, the working of any equipment or vehicle of the Authority used in the operation of a port and which endangers, or might endanger, the life of any person therein; or

Section 48Verify source

§ 49PROVISIONS RELATING TO OFFENCES - 49. Minor offencesOffence

Section 49: Minor offences — Is found during the hours of darkness on any premises occupied by the Authority;

Section 49. Minor offences Section is found during the hours of darkness on any premises occupied by the Authority;

Section 49Verify source

§ 50PROVISIONS RELATING TO OFFENCES - 50. False returnsOffence

Any person who knowingly or recklessly makes a materially false statement in a return, claim or other document required or authorized for the Authority is guilty of an offence and liable to a fine not exceeding three thousand shillings, or imprisonment not exceeding three months, or both.

Section 50. False returns Section Any person who makes, either knowingly or recklessly, any statement which is false in any material particular in any return, claim or other document which is required or authorized to be made for the purposes of the Authority under this Act shall be guilty of an offence and be liable to a fine not exceeding three thousand shillings or to imprisonment for a term not exceeding three months or to both such fine and imprisonment.

Section 50Verify source

§ 51PROVISIONS RELATING TO OFFENCES - 51. Unlawfully transporting dangerous goodsOffence

Delivering goods covered by section 29 to the Authority for handling or warehousing in contravention of section 29 is an offence punishable by a fine up to ten thousand shillings, imprisonment up to twelve months, or both; convicted persons are also responsible for loss caused and the court may order compensation and, for non-payment, further imprisonment up to six months.

Section 51. Unlawfully transporting dangerous goods Section 51(1) Any person who, in contravention of the provisions of section 29 , delivers any goods to which that section applies to the Authority for handling or warehousing shall be guilty of an offence and be liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding twelve months or to both such fine and imprisonment. Section 51(2) Any person who is convicted of an offence under this section shall also be responsible for any loss, injury or damage which may be caused by reason of such goods having been so delivered to the Authority for handling or warehousing; and the court which convicts such offender may order him to pay the amount of any such loss, injury or damage to the person suffering it and in default of such payment may impose a further term of imprisonment not exceeding six months.

Section 51Verify source

§ 52PROVISIONS RELATING TO OFFENCES - 52. Offences by master of vesselOffence

Any master of a ship who contravenes (or permits contravention of) specified sections, or produces or gives materially false documents or information, is guilty of an offence and liable to a fine not exceeding three thousand shillings or imprisonment not exceeding three months or both.

Section 52. Offences by master of vessel Section Any master of a ship who contravenes, or permits to be contravened, any of the provisions of section 37 , 38 or 43 (1) or produces any document or gives any information which is false in any material particular shall be guilty of an offence and be liable to a fine not exceeding three thousand shillings or to imprisonment for a term not exceeding three months or to both such fine and imprisonment.

Section 52Verify source

§ 53PROVISIONS RELATING TO OFFENCES - 53. Navigating without pilot in compulsory pilotage portOffence

Masters must not navigate a ship in ports where pilotage is compulsory unless the ship is under the pilotage of a pilot; doing so is an offence punishable by a fine not exceeding three thousand shillings.

Section 53. Navigating without pilot in compulsory pilotage port Section If any ship is navigated in circumstances in which pilotage is compulsory and such ship is not under the pilotage of a pilot, the master thereof shall be guilty of an offence and be liable to a fine not exceeding three thousand shillings.

Section 53Verify source

§ 54PROVISIONS RELATING TO OFFENCES - 54. Employee endangering safetyOffence

An employee endangering safety by contravening any of the provisions of this Act.

Section 54. Employee endangering safety Section by contravening any of the provisions of this Act;

Section 54Verify source

§ 55PROVISIONS RELATING TO OFFENCES - 55. Employee demanding improper amountOffence

Employees must not, with intent to defraud, demand, solicit or receive improper amounts or other things of value from persons delivering goods to or using the Authority's facilities.

Section 55. Employee demanding improper amount Section Any employee who, with intent to defraud, demands, solicits or receives from any person delivering goods to the Authority for handling or warehousing or from any person making use of the facilities provided by the Authority, any greater or lesser amount than he should demand or receive, or any other thing of value, shall be guilty of an offence and be liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding twelve months or to both such fine and imprisonment.

Section 55Verify source

§ 56PROVISIONS RELATING TO OFFENCES - 56. Arrest of employeeOffence

The officer in charge of a port must relieve the employee in respect of whom a request is made without unnecessary delay.

Section 56. Arrest of employee Section 56(1)(a) request the officer in charge of such port to relieve such employee from his duties as soon as practicable; and Section 56(1)(b) refrain from arresting such employee until he is so relieved and shall, until he is so relieved, take all necessary steps to ensure that such employee does not escape. Section 56(2) Where any request is made to the officer in charge of a port under this section, it shall be his duty to relieve the employee in respect of whom the request is made with the least possible delay.

Section 56Verify source

§ 57PROVISIONS RELATING TO OFFENCES - 57. Power of arrest, removal and place of trialOffence

Authorized employees or police officers may arrest without warrant persons who commit specified offences and must, with the least possible delay, take them before a magistrate having jurisdiction to try or commit them for trial.

Section 57. Power of arrest, removal and place of trial Section 57(1) Any person who commits any offence mentioned in section 48 , 49 or 54 , may be arrested without warrant by any authorized employee or police officer and shall thereupon, with the least possible delay, be taken before a magistrate having jurisdiction to try him or to commit him for trial. Section 57(2)(a) there is reason to believe that such person will abscond; or Section 57(2)(b) he refuses on demand to give his name and address; or Section 57(2)(c) there is reason to believe that the name or address given by him is incorrect, and shall thereupon, with the least possible delay, be taken before a magistrate having jurisdiction to try him or commit him for trial: Section 57(3) Any person who commits any of the offences set out in section 49 or 51 , may be required by any authorized employee or police officer to leave the premises occupied by the Authority or the ship or vehicle thereof, as the case may be, in which such person is at the time of the commission of the offence and to remove any goods therefrom; and if such person fails to comply with such requirement he or such goods may be removed therefrom with such force as may be reasonably necessary in the circumstances. Section 57(4) Any person charged with any offence under this Act may be proceeded against, tried and punished in any place in which he may be in custody for that offence as if the offence had been committed in such place; and the offence shall for all purposes incidental to, or consequential upon, the prosecution, trial or punishment thereof be deemed to have been committed in that place: Provided that nothing herein contained shall preclude the prosecution, trial and punishment of such person in any place in which, but for the provisions of this section, such person might have been prosecuted, tried and punished.

Section 57Verify source

Part XI

MISCELLANEOUS

§ 58MISCELLANEOUS - 58. Appointment of staffProvision

The Board may appoint employees as necessary; the Managing Director may authorize employees to maintain order, and any employee so authorized has the powers of a police officer.

Section 58. Appointment of staff Section 58(1) Subject to the provisions of this Act, the Board may appoint such employees as may be necessary for its efficient working under such terms and conditions, including conditions relating to discipline and dismissal, as it may think fit. Section 58(2) The Managing Director may, by notice in writing authorize any employee appointed under this section to maintain order upon any premises occupied by the Authority, or in any port of the Authority, and any employee so authorized shall, in the performance of such duty, have all the powers, rights, privileges and protection of a police officer. Section 58(3) Every person who is employed in the undertaking of the East African Harbours Corporation and who becomes an employee of the Authority under section 74 shall be deemed to have been appointed to the service of the Authority in accordance with this section.

Section 58Verify source

§ 59MISCELLANEOUS - 59. Property of the Authority in custody of employee,etc.Provision

When an employee dies or leaves service and Authority property or premises remain in their possession or occupation, the employee (or the person in possession on death) must promptly return the property or vacate the premises; if not, the Managing Director must serve written notice and may apply to a magistrate to empower police to recover property or evict occupants.

Section 59. Property of the Authority in custody of employee,etc. Section 59(1) Where any employee dies or leaves the service of the Authority and, at the time of such death or termination of service, any property of the Authority was in his possession or custody or any premises of the Authority were occupied by him, it shall be the duty of such employee or, in the event of his death, of the person in whose possession such property may be or who may be occupying such premises, as soon as practicable to deliver such property to the Authority or to vacate such premises, as the case may be. Section 59(2) If any property or premises to which subsection (1) applies is not delivered to the Authority or vacated, as the case may be, the Managing Director shall give notice in writing to the person appearing to him most likely to be in possession of such property or in occupation of such premises to deliver to the Authority such property or vacate such premises within such time as may be specified in the notice; and if such property is not so delivered or such premises are not so vacated within such time, the Managing Director may, without prejudice to any other means of recovery, apply to a magistrate for an order empowering a police officer to enter and search any house or building where such property is believed to be and to deliver such property if found to the Authority or, as the case may require, to evict from such premises any person found therein.

Section 59Verify source

§ 60MISCELLANEOUS - 60. Regulations relating to staffProvision

Refers to regulations relating to staff.

Section 60. Regulations relating to staff

Section 60Verify source

§ 61MISCELLANEOUS - 61. Delegation and significationProvision

The Board and the Managing Director may delegate powers and grant powers of attorney; acts or notifications of the Board or Managing Director may be signified by an authorized employee.

Section 61. Delegation and signification Section 61(1) The Board and the Managing Director may delegate to any person any of the powers vested in them under this Act and may grant to any person powers of attorney. Section 61(2) Any act or decision, or notification thereof, of the Board or the Managing Director under this Act may be signified under the hand of an employee authorized for that purpose.

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§ 62MISCELLANEOUS - 62. CompensationProvision

The Authority must do as little damage as possible; persons who suffer damage are entitled to compensation agreed with the Authority or, if no agreement, decided by a single arbitrator appointed by the Registrar of the Nairobi Centre for International Arbitration.

Section 62. Compensation Section 62(1) In the exercise of the powers conferred by sections 12 , 14 , 15 and 16 , the Authority shall do as little damage as possible; and, where any person suffers damage, no action or suit shall lie but he shall be entitled to such compensation therefore as may be agreed between him and the Authority or, in default of agreement, as may be determined by a single arbitrator appointed by the Registrar of the Nairobi Centre for International Arbitration established under the Nairobi Centre for International Arbitration Act (Cap. 49A). Section 62(2)(a) for any damage suffered unless he would have been entitled thereto otherwise than under the provisions of this section; or Section 62(2)(b) for any damage suffered as a result of the user of any works authorized under this Act unless such damage results from negligence in such user.

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§ 63MISCELLANEOUS - 63. Liability for damage caused by fireProvision

The Authority is generally not liable for fire damage from its engines when a building is within two hundred feet of the railway rails; however the Authority is liable where there is negligence, and contiguous landowners must follow notice and timing rules to claim.

Section 63. Liability for damage caused by fire Section 63(1) The Authority shall not be liable for any loss or damage caused by fire from any engine upon any land occupied by the Authority to any building, or any property therein, if any part of such building is within two hundred feet of the rails of any railway. Section 63(2) Subject to subsection (1), the Authority shall be liable for any loss or damage caused by fire from any engine upon any land occupied by the Authority where there is negligence in the working or the construction of such engine. Section 63(3)(a) such loss or damage is caused to the owner or occupier of any land which is contiguous with land occupied by the Authority; and Section 63(3)(b) at the time of such loss or damage such owner or occupier maintained upon such land a firebreak in good condition; and Section 63(3)(c) where no firebreak in good condition was maintained at that time by the Authority, such owner or occupier had given notice in writing of such fact to the Managing Director at least one month prior to the occurrence of such loss or damage; and Section 63(3)(d) within fourteen days of the occurrence of such loss or damage, notice in writing thereof; and Section 63(3)(d)(i) within fourteen days of the occurrence of such loss or damage, notice in writing thereof; and Section 63(3)(d)(ii) within twenty-one days of the occurrence of such loss or damage, particulars in writing of his claim and of the loss or damage suffered by him:

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§ 64MISCELLANEOUS - 64. Burden of proofProvision

A person claiming compensation under section 22 is not required to prove how the loss, misdelivery, detention, damage, delay or deviation was caused.

Section 64. Burden of proof Section In any proceedings against the Authority for compensation under the provisions of section 22 , it shall not be necessary for the person claiming compensation to prove how such loss, misdelivery, detention, damage, delay or deviation was caused.

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§ 65MISCELLANEOUS - 65. Notice of claimProvision

A claim in writing must be given to the Managing Director within specified time limits to be entitled to compensation for non-delivery of goods.

Section 65. Notice of claim Section 65(1) No person shall be entitled to compensation for non-delivery of the whole of a consignment of goods, or for any separate package forming part of such consignment, accepted by the Authority for handling or warehousing unless a claim in writing, giving such particulars as may reasonably be necessary, is given to the Managing Director within six months of the date upon which such goods were accepted by the Authority. Section 65(2)(a) the Managing Director is notified of such fact in writing within four days of the date upon which such goods were delivered to the consignee or person entitled to take delivery thereof; and Section 65(2)(b) a claim in writing, giving such particulars as may reasonably be necessary, is given to the Managing Director within one month of such date. Section 65(3) Where the person claiming compensation proves that it was impracticable for him to notify the Managing Director, or give the Managing Director his claim, as set out in subsections (1) and (2) within the time specified therein and that such notification or claim was made or given in reasonable time nothing in those subsections shall prejudice the right of such person to obtain compensation.

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§ 66MISCELLANEOUS - 66. LimitationCommencement

A plaintiff (or their agent) must serve a written notice with particulars of the claim and intention to commence the action on the Managing Director; the action cannot be started against the Authority until at least one month after that notice is served.

Section 66. Limitation Section the action or legal proceeding shall not be commenced against the Authority until at least one month after written notice containing the particulars of the claim, and of intention to commence the action or legal proceeding, has been served upon the Managing Director by the plaintiff or his agent;

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§ 67MISCELLANEOUS - 67. Restriction on execution against property of AuthorityProvision

The Managing Director must pay from the Authority's revenue any amount awarded against the Authority by a judgment or order to the person entitled.

Section 67. Restriction on execution against property of Authority Section where any judgment or order has been obtained against the Authority, no execution or attachment, or process in the nature thereof, shall be issued against the immovable property of the Authority or any of its vehicles, ferries, vessels or its other operating equipment, machinery, fixtures or fittings; but the Managing Director shall cause to be paid out of the revenue of the Authority such amount as may, by the judgment or order, be awarded against the Authority to the person entitled thereto;

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§ 68MISCELLANEOUS - 68. Overcharge and underchargeCommencement

If there is an overcharge, the person who paid may be refunded; if there is an undercharge, the Authority may collect it. Claims must generally be made within six months, except the six-month period can start upon discovery when incorrect information caused the undercharge, and late notification may be excused if proved to the Managing Director's satisfaction.

Section 68. Overcharge and undercharge Section 68(1)(a) an overcharge, the person who paid the charge shall be entitled to a refund of the amount of the overcharge; Section 68(1)(b) an undercharge, the Authority shall be entitled to collect the amount of the undercharge from the person who paid the charge: Section 68(1)(i) by the person claiming such overcharge to the Managing Director; or Section 68(1)(ii) by the Managing Director, to the person against whom the amount of such undercharge is claimed, within six months after such port or other charge was incurred so, however, that where such undercharge is caused by any information or description subsequently found to be incorrect, such period of six months shall commence from the discovery by the Authority of the correct information or description. Section 68(2) Where the person claiming a refund under subsection (1) proves to the satisfaction of the Managing Director that it was impracticable for him to notify the Managing Director of his claim within the time specified in that subsection, and that such notification was made, or given, in reasonable time, nothing in that subsection shall prejudice the right of such person to obtain such refund.

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§ 69MISCELLANEOUS - 69. Medical examination of persons claiming compensationProvision

Courts or persons with authority to determine claims may order a person claiming compensation to be examined by a medical practitioner and may order payment of the examination costs.

Section 69. Medical examination of persons claiming compensation Section Whenever any person claims compensation against the Authority in respect of any injury alleged to be suffered by him as a result of the operations of the Authority, any court or person having by law, or consent of the parties, authority to determine the claim may order that the person injured be examined by a medical practitioner named in the order and may also make such order with respect to the costs of the examination as may be thought fit.

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§ 70MISCELLANEOUS - 70. Service of notice,etc., on the Managing DirectorProvision

Service of a notice or other document on the Managing Director is effected by delivery to the Managing Director or to any authorized employee.

Section 70. Service of notice,etc., on the Managing Director Section by delivery of the notice or other document to the Managing Director or to any authorized employee; or

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§ 71MISCELLANEOUS - 71. Service of notice,etc., by the Managing DirectorProvision

Service of notice by the Managing Director.

Section 71. Service of notice,etc., by the Managing Director

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§ 72MISCELLANEOUS - 72. RegulationsProvision

The Cabinet Secretary may make regulations under Section 72 concerning the matters listed in subsections (1)(a)–(k), including berths, ship operations, anchoring, mooring, smoking prohibitions on Authority property, control of premises, prevention of unseaworthy ships leaving port, certification and licensing of crew and craft, protection and removal of stranded ships and cargoes, pilots’ registration and duties, and licensing and regulation of various port workers and agents.

Section 72. Regulations Section 72(1)(a) the berths and stations to be occupied by ships and the removal of ships from one berth, station or anchorage to another and the time within which such removal shall be effected; Section 72(1)(b) ships whilst taking on or discharging ballast or cargo or while bunkering or provisioning; Section 72(1)(c) the anchoring, fastening, mooring and unmooring and warping of all ships and the use of warps, mooring buoys, chains and other moorings; Section 72(1)(d) the use by ships of navigating lights or signals and of signal lights; Section 72(1)(e) the prohibition of smoking in any portion of any ship, premises or vehicle or other property of the Authority; Section 72(1)(f) the proper control, management, and protection of any ship, premises or vehicle or other property of the Authority; Section 72(1)(g) the proper control and management of foreshores and ports, and the entrance thereof, the prevention and removal of obstructions therein and the regulation of any work, service or facility performed or provided thereat; Section 72(1)(h) the taking of measures for the prevention of ships from leaving any port if overloaded, improperly loaded, improperly found, insufficiently manned or without qualified officers or engineers or with a number of passengers in excess of the number that can be carried with reasonable safety or if otherwise unseaworthy; Section 72(1)(h)(i) the taking of measures for the prevention of ships from leaving any port if overloaded, improperly loaded, improperly found, insufficiently manned or without qualified officers or engineers or with a number of passengers in excess of the number that can be carried with reasonable safety or if otherwise unseaworthy; Section 72(1)(h)(ii) the examination and certification of masters, mates and engineers of ships engaged in local trade, tugs, dredgers, fishing boats and light craft and the charges and licences and fees payable in respect thereof; Section 72(1)(h)(iii) the registration, licensing, inspection and control of ferries, tugs, launches, hulks, fishing or ferry boats or other craft, the charges to be paid therefor and the number of passengers to be carried therein; Section 72(1)(i) subject to the provisions of any law relating to merchant shipping, the protection of ships and cargoes and the removal, destruction, sale or abandonment of stranded ships and their cargoes and appurtenances which obstruct, or are likely to obstruct, the fairway of any port, the payment of expenses in connection therewith and the levy and recovery of rent for the right of a hulk, wreck or wreckage to lie in any port; Section 72(1)(j) the examination, registration and licensing of pilots, the charges to be made by pilots and their duties and obligations and the limitation of their liability for negligent navigation; and Section 72(1)(k) the licensing of ferrymen, boatmen, porters, landing agents, shipping agents, baggage and parcel agents and contractors for the supply of water or ballast, or other persons concerned in port work, and the regulation of charges leviable by them, and their duties and the hours of their attendance at work. Section 72(2) The power of the Cabinet Secretary to make regulations under this section in relation to any matter shall not be construed as derogating from any other power conferred upon him under this Act to make provision in relation to any such matter in any different manner.

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Legislative relationships

6 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

5 instruments

Act. Section 46. Master responsible for contravention of Act
Section 46
Authority any goods which would not otherwise be receivable by the Authority under the provisions of this Act
Section 44
Authority for handling or warehousing by the Authority in accordance with the provisions of this Act
Section 2
Authority under this Act
Section 50
Board or the Managing Director under this Act
Section 61

G–M

1 instrument

Land Control Act
Section 13

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