Kenya Act or statute

Parliament of Kenya

Kenya Maritime Authority Act

Jurisdiction: Kenya
Structure: 26 provisions
Citation: Cap. 370
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 Maritime Authority Act.”

This Act may be cited as the Kenya Maritime Authority Act. Defines terms used in the Act, including the Authority, Board, Cabinet Secretary, Chairperson, Director-General, flag State, financial year, member, and port State. Establishes the Kenya Maritime Authority, gives the Authority powers (e.g. to sue, hold property, borrow, contract), requires its headquarters to be at a port on Kenya’s coast, requires it to consist of divisions specified by the Board, and requires establishment of branches at main inland waters. The Authority must regulate, co-ordinate and oversee maritime affairs. Section 5 lists the functions of the Authority and gives the Authority power to act in support of those functions; it may also impose fees or charges for services it provides.

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PRELIMINARY - 1. Short title

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

Section 1

ADMINISTRATION OF THE AUTHORITY - 11. The Director-General

Establishes the Director-General of the Authority, appointment by the Cabinet Secretary on the Board's recommendation, eligibility and qualifications, that the Director-General is the chief executive with management control, an ex officio Board member, and…

Section 11

ADMINISTRATION OF THE AUTHORITY - 9. Committees of the Board

The Board may delegate its powers or duties by resolution to committees or individuals; committees may set their own procedure subject to the Board's directions; committees may invite persons to meetings but those persons have no right to vote.

Section 9

FINANCIAL PROVISIONS - 20. Investment of funds

Section invest any of its surplus funds in Government securities;

Section 20

MISCELLANEOUS PROVISIONS - 26. Regulations

The Cabinet Secretary may make regulations to prescribe matters under the Act and to carry its provisions into effect.

Section 26

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Source record from new.kenyalaw.org · As at 31 Dec 2022

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Showing 26 of 26 provisions

Provision 21Short titleInterpretationAmendment

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

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

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

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

Defines terms used in the Act, including the Authority, Board, Cabinet Secretary, Chairperson, Director-General, flag State, financial year, member, and port State.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— “Authority” means the Kenya Maritime Authority established under section 3 ; “Board” means the Board of Directors of the Authority constituted under section 6 ; “Cabinet Secretary” means the Cabinet Secretary for the time being responsible for matters relating to Maritime Transport; “Chairperson” means the Chairperson of the Board of Directors of the Authority appointed under section 6 ; “Director-General” means the Director-General of the Authority appointed under section 11 ; “flag State” means the State whose flag a ship is entitled to fly; “financial year” means the period of twelve months ending on the thirtieth June in each year; “member” means a member of the Board of Directors; and “port State” means a State in which port a foreign ship sail subject to the appropriate convention.

Section 2Verify source

Part II

ESTABLISHMENT AND FUNCTIONS OF THE AUTHORITY

§ 3ESTABLISHMENT AND FUNCTIONS OF THE AUTHORITY - 3. Establishment of the AuthorityProvision

Establishes the Kenya Maritime Authority, gives the Authority powers (e.g. to sue, hold property, borrow, contract), requires its headquarters to be at a port on Kenya’s coast, requires it to consist of divisions specified by the Board, and requires establishment of branches at main inland waters.

Section 3. Establishment of the Authority Section 3(1) There is hereby established an Authority to be known as the Kenya Maritime Authority. Section 3(2)(a) suing and being sued; Section 3(2)(b) purchasing or otherwise acquiring, holding, charging, or disposing of movable or immovable property; Section 3(2)(c) borrowing money; Section 3(2)(d) entering into contracts; and Section 3(2)(e) doing or performing all other things or acts for the furtherance of the provisions of this Act which may be lawfully done or performed by a body corporate. Section 3(3) The Authority shall consist of such divisions as may, from time to time, be specified by the Board. Section 3(4) Spent. Section 3(5) Spent. Section 3(6) The headquarters of the Authority shall be at a port on Kenya’s coast. Section 3(7) The Authority shall establish branches at main inland waters.

Section 3Verify source

§ 4ESTABLISHMENT AND FUNCTIONS OF THE AUTHORITY - 4. Objects of the AuthorityProvision

The Authority must regulate, co-ordinate and oversee maritime affairs.

Section 4. Objects of the Authority Section The principal objects of the Authority are to regulate, co-ordinate and oversee maritime affairs.

Section 4Verify source

§ 5ESTABLISHMENT AND FUNCTIONS OF THE AUTHORITY - 5. Functions of the AuthorityProvision

Section 5 lists the functions of the Authority and gives the Authority power to act in support of those functions; it may also impose fees or charges for services it provides.

Section 5. Functions of the Authority Section 5(1)(a) administer and enforce the provisions of the Merchant Shipping Act (Cap. 389) and any other legislation relating to the maritime sector for the time being in force; Section 5(1)(b) co-ordinate the implementation of policies relating to maritime affairs and promote the integration of such policies into the national development plan; Section 5(1)(c) advise government on legislative and other measures necessary for the implementation of relevant international conventions, treaties, and agreements to which Kenya is a party; Section 5(1)(ca) liase with the National Electronic Window System established under section 3 of the National Electronic Single Window System Act (Cap. 485D) to establish digital and electronic platforms and facilitate collaboration with other agencies to promote trade; Section 5(1)(d) undertake and co-ordinate research, investigation, and surveys in the maritime field; Section 5(1)(e) discharge flag State and port State responsibilities in an efficient and effective manner having regard to international maritime conventions, treaties, agreements and other instruments to which Kenya is a party; Section 5(1)(f) develop, co-ordinate and manage a national oil spill contingency plan for both coastal and inland waters and shall in the discharge of this responsibility be designated as the “competent oil spill authority”; Section 5(1)(g) maintain and administer a ship register; Section 5(1)(h) deal with matters pertaining to maritime search and rescue and coordinate the activities of the Kenya Ports Authority, the Kenya Navy and any other body engaged during search and rescue operations; Section 5(1)(i) enforce safety of shipping, including compliance with construction regulations, maintenance of safety standards and safety navigation rules; Section 5(1)(j) conduct regular inspection of ships to ensure maritime safety and prevention of marine pollution; Section 5(1)(k) oversee matters pertaining to the training, recruitment and welfare of seafarers; Section 5(1)(l) plan, monitor and evaluate training programmes to ensure conformity with standards laid down in international maritime conventions; Section 5(1)(m) conduct investigations into maritime casualties including wreck; Section 5(1)(n) undertake enquiries with respect to charges of incompetence and misconduct on the part of seafarers; Section 5(1)(o) ensure, in collaboration with such other public agencies and institutions, the prevention of marine source pollution, protection of the marine environment and response to marine environment incidents; Section 5(1)(p) regulate activities with regard to shipping in the inland waterways including the safety of navigation; Section 5(1)(pp) implement and undertake co-ordination in maritime security; and Section 5(1)(q) undertake any other business which is incidental to the performance of any of the foregoing functions. Section 5(2) For the purpose of the performance of its functions under this Act, the Authority may do anything and enter into any transaction which, in the opinion of the Authority is necessary or incidental to its functions, and in Particular and without prejudice to the generality of the foregoing, the Authority may impose fees or charges for the use of any service provided by the Authority. [Act No. 7 of 2007 , Sch., Act No. 25 of 2022 , Sch.]

Section 5Verify source

Part III

ADMINISTRATION OF THE AUTHORITY

§ 10ADMINISTRATION OF THE AUTHORITY - 10. Remuneration and allowances of members of the BoardProvision

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

Section 10. Remuneration and allowances of members of the Board Section The Authority shall pay to the Board of Directors such remuneration, fees, or allowances for expenses as may be determined by the Cabinet Secretary.

Section 10Verify source

§ 11ADMINISTRATION OF THE AUTHORITY - 11. The Director-GeneralProvision

Section 11. The Director-General Section 11(1) There shall be a Director-General of the Authority who shall be appointed by the Cabinet Secretary on the recommendation of the Board and shall hold office for a period not exceeding three years on such terms and conditions as shall be specified in the instrument of appointment but shall be eligible for re-appointment. Section 11(2) The Director-General shall be the chief executive of the Authority responsible for the day to day management and operations of the Authority and shall have control over all personnel and other activities of the Authority. Section 11(3) The Director-General shall be an ex officio member of the Board. Section 11(4) No person shall qualify to be appointed as Director-General under subsection (1) unless, such person is a holder of a degree from a recognised university and has at least ten (10) years’ working experience, in a relevant field, which in the opinion of the Board and the Cabinet Secretary is sufficient to enable the person so appointed to carry out his or her duties as the Director-General. Section 11(5)(a) ensure that the provisions of this Act and any rules and regulations made thereunder are complied with to the extent necessary in the interest of the maritime sector; Section 11(5)(b) encourage and foster the safe development of maritime matters in Kenya waters; Section 11(5)(c) plan, develop and formulate safe and efficient utilisation of the Kenya ocean space; Section 11(5)(d) acquire, establish and improve ocean navigation facilities where necessary within the limits of available appropriation; Section 11(5)(e) establish a school or schools for the purpose of offering instruction and training in matters related to the maritime industry; Section 11(5)(f) promulgate rules and procedures governing the notification and reporting of accidents and incidents involving ships so as to facilitate investigations; Section 11(5)(g) use, with their consent, the available services, equipment and facilities of other agencies and to co-operate with those agencies in the establishment, and use of services, equipment and facilities of the Authority; Section 11(5)(h) monitor the deployment and utilisation of the movable and immovable property of the Authority; and Section 11(5)(i) prepare the annual report and financial statement of the Authority.

Section 11Verify source

§ 12ADMINISTRATION OF THE AUTHORITY - 12. Delegation of power by the Director-GeneralProvision

The Director-General may, in writing, delegate powers or duties to others; delegated acts have the same effect as if done by the Director-General; officers acting under delegation are presumed to act in accordance with it absent proof otherwise.

Section 12. Delegation of power by the Director-General Section 12(1) The Director-General may, from time to time, in writing, either generally or particularly, delegate the exercise of any powers or the performance of any duties conferred on him by or under this Act to such person or persons as he may think fit, but such delegation shall not affect the exercise of such powers or performance of such duties by the Director-General. Section 12(2) Any act done pursuant to a power delegated under subsection (1) shall have the same effect as if done by the Director-General. Section 12(3) Every officer purporting to act pursuant to any delegation under this section, shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of such delegation.

Section 12Verify source

§ 13ADMINISTRATION OF THE AUTHORITY - 13. Appointment of Secretary to the BoardProvision

The Board appoints a Secretary to the Authority; the Secretary must arrange board business, keep records, perform duties directed by the Board, and is responsible to the Director-General; the Board may temporarily appoint members or staff to act as Secretary in the Secretary's absence; the Board may delegate functions under subsection (3) subject to conditions.

Section 13. Appointment of Secretary to the Board Section 13(1) There shall be a Secretary to the Authority who shall be appointed by the Board. Section 13(2) The Secretary shall be responsible for arranging the business of the Board’s meetings, keeping records of the proceedings of the Board, and shall perform such other duties as the Board may direct. Section 13(3) In the performance of his or her duties under this Act, the Secretary shall be responsible to the Director-General. Section 13(4) The Board may in the absence of the Secretary appoint any member of the Board or staff of the Authority to temporarily perform the functions of the Secretary under subsection (2). Section 13(5) Any functions delegated under subsection (3) may be so delegated subject to such conditions or restrictions as the Board may either generally or specifically determine.

Section 13Verify source

§ 14ADMINISTRATION OF THE AUTHORITY - 14. Appointment of officers and other employees of the AuthorityProvision

Section 14. Appointment of officers and other employees of the Authority Section 14(1)(a) the Registrar of Ships; Section 14(1)(b) the Registrar of Seafarers; Section 14(1)(c) the Chief Surveyor of Ships; and Section 14(1)(d) the Chief Receiver of Wreck. Section 14(2) The Board may also appoint such other officers and staff as it may deem necessary for the proper and efficient discharge of the functions of the Authority on such terms and conditions of service as the Board may determine. [Act No. 7 of 2007 , Sch.]

Section 14Verify source

§ 6ADMINISTRATION OF THE AUTHORITY - 6. Appointment of Board of Directors of the AuthorityProvision

The Chairperson of the Board is appointed by the President.

Section 6. Appointment of Board of Directors of the Authority Section a Chairperson appointed by the President;

Section 6Verify source

§ 7ADMINISTRATION OF THE AUTHORITY - 7. Powers of the BoardProvision

The Board has all powers necessary for the proper performance of its functions under the Act.

Section 7. Powers of the Board Section have all powers necessary for the proper performance of its functions under this Act;

Section 7Verify source

§ 8ADMINISTRATION OF THE AUTHORITY - 8. Conduct of business and affairs of the BoardProvision

The Board's conduct and regulation of its business and affairs must follow the Second Schedule; except as provided in the Second Schedule, the Board may regulate its own procedure.

Section 8. Conduct of business and affairs of the Board Section 8(1) The conduct and regulation of the business and affairs of the Board shall be as provided in the Second Schedule. Section 8(2) Except as provided in the Second Schedule, the Board may regulate its own procedure.

Section 8Verify source

§ 9ADMINISTRATION OF THE AUTHORITY - 9. Committees of the BoardProvision

Section 9. Committees of the Board Section 9(1) The Board may, by resolution either generally or in any particular case, delegate to any committee of the Board or to any member, officer, employee or agent of the Board the exercise of any of the powers or the performance of any of the functions or duties of the Board under this Act. Section 9(2) Subject to any specific or general direction of the Board, any committee established under subsection (1) may regulate its own procedure. Section 9(3) A committee may invite any person whose presence is in its opinion desirable to attend and participate in the deliberations of a meeting of a committee but such person shall have no right to vote.

Section 9Verify source

Part IV

OPERATION OF THE AUTHORITY

§ 15OPERATION OF THE AUTHORITY - 15. Business planAmendment

The Authority must prepare a business plan at least ninety days before each financial year for approval by the Cabinet Secretary; the Authority may amend the plan with the Cabinet Secretary’s approval; if the Cabinet Secretary does not act within sixty days the plan is deemed approved.

Section 15. Business plan Section 15(1) The Authority shall prepare a business plan at least ninety days before the beginning of every financial year to be approved by the Cabinet Secretary. Section 15(2)(a) include a statement of the short and medium term operational and business objectives of the Authority for at least five years; Section 15(2)(b) outline the strategies and policies that the Authority intends to adopt in order to achieve its objectives; and Section 15(2)(c) include, inter alia , an operational plan, a financial plan, a human resources plan and performance indicators. Section 15(3) The financial plan shall include estimates of expenditure and revenues for the following financial years. Section 15(4) The Authority may amend the business plan with the Cabinet Secretary’s approval. Section 15(5) The Cabinet Secretary’s approval under subsection (1) or (4) shall have effect from the beginning of the financial year concerned. Section 15(6) If the Cabinet Secretary fails to grant written approval of the business plan or to direct any changes within sixty days after the submission for approval, the business plan shall be deemed to have been approved by the Cabinet Secretary.

Section 15Verify source

§ 16OPERATION OF THE AUTHORITY - 16. Financial targets and performance indicatorsProvision

Section 16 addresses financial targets and performance indicators and notes the need for high standards of maritime safety.

Section 16. Financial targets and performance indicators Section the need for high standards of maritime safety;

Section 16Verify source

§ 17OPERATION OF THE AUTHORITY - 17. Cabinet Secretary may direct variation of financial planProvision

The Cabinet Secretary may direct the Authority to vary the Authority's financial plan for financial targets and performance indicators related to services and facilities.

Section 17. Cabinet Secretary may direct variation of financial plan Section 17(1) The Cabinet Secretary may direct the Authority to vary the financial plan in respect of financial targets, and performance indicators, relating to the provision of services and facilities. Section 17(2) A direction under subsection (1) shall be in writing and shall set out the reasons therefor.

Section 17Verify source

Part V

FINANCIAL PROVISIONS

§ 18FINANCIAL PROVISIONS - 18. Funds of the AuthorityProvision

Section 18 establishes the Authority's funds as sums appropriated by Parliament, fees/fines/levies or charges approved by the Cabinet Secretary, and grants and donations which the Authority may receive; such grants must not be for influencing decisions and must be disclosed in the Authority's annual report; expenditure incurred by the Authority is to be paid out of those funds.

Section 18. Funds of the Authority Section 18(1)(a) such sums as may, from time to time, be appropriated by Parliament for that purpose; and Section 18(1)(b) such fees, fines, levies or other charges as the Cabinet Secretary may approve from time to time. Section 18(2) The Authority may receive grants and donations from any other source: Provided that such grants and donations shall not be made or received for purposes of influencing the decision or ability of the Authority in any way and shall be disclosed in the annual report of the Authority. Section 18(3) There shall be paid out of the funds of the Authority, all expenditure incurred by the Authority in the exercise of its powers or the performance of its functions under this Act.

Section 18Verify source

§ 19FINANCIAL PROVISIONS - 19. Bank accountsProvision

The Authority must open and maintain bank accounts necessary to perform its functions.

Section 19. Bank accounts Section The Authority shall open and maintain such bank accounts as are necessary for the performance of its functions.

Section 19Verify source

§ 20FINANCIAL PROVISIONS - 20. Investment of fundsProvision

Section invest any of its surplus funds in Government securities;

Section 20. Investment of funds Section invest any of its surplus funds in Government securities;

Section 20Verify source

§ 21FINANCIAL PROVISIONS - 21. Annual estimatesCommencement

Director-General must prepare annual revenue and expenditure estimates at least three months before each financial year; the Board must approve them before the year starts; the Authority must submit them to the Cabinet Secretary and may not increase them after approval without the Cabinet Secretary's consent.

Section 21. Annual estimates Section 21(1) At least three months before the commencement of each financial year the Director-General shall cause to be prepared estimates of the revenue and expenditure of the Authority for that year. Section 21(2)(a) the payment of salaries, allowances and other charges in respect of the staff and Board members of the Authority; Section 21(2)(b) the payment of pensions, gratuities and other charges in respect of the staff of the Authority; Section 21(2)(c) the proper maintenance of the buildings and grounds of the Authority; and Section 21(2)(d) the maintenance, repair and replacement of the equipment and other property of the Authority. Section 21(3) The annual estimates shall be approved by the Board before the commencement of the financial year to which they relate and shall be submitted to the Cabinet Secretary for approval and after the Cabinet Secretary’s approval, the Authority shall not increase the annual estimates without the consent of the Cabinet Secretary.

Section 21Verify source

§ 22FINANCIAL PROVISIONS - 22. Accounts and auditProvision

The Authority must keep proper books and records of account, including statements of income and expenditure for the year and statements of assets and liabilities at year-end.

Section 22. Accounts and audit Section 22(1) The Authority shall cause to be kept proper books and records of account of the income, expenditure and assets of the Authority. Section 22(2)(a) a statement of the income and expenditure of the Authority during that year; and Section 22(2)(b) a statement of the assets and liabilities of the Authority on the last day of that year. Section 22(3) Notwithstanding the provisions of any other written law for the time being in force, the accounts of the Authority shall be audited in accordance with the provisions of the Public Audit Act (Cap. 412B). [Act No. 7 of 2007 , Sch.]

Section 22Verify source

Part VI

MISCELLANEOUS PROVISIONS

§ 23MISCELLANEOUS PROVISIONS - 23. Seal of the AuthorityProvision

The Board determines the device for the Authority's seal and the Secretary must keep it; the affixing of the seal must be authenticated by the Director-General and the Secretary or a person authorised by the Board; certain contracts not required to be under seal may be executed without seal by the Secretary or other authorised persons; documents under the Authority's seal are received as evidence and deemed executed unless the contrary is proved.

Section 23. Seal of the Authority Section 23(1) The seal of the Authority shall be such device as may be determined by the Board and shall be kept by the Secretary to the Authority. Section 23(2) The affixing of the seal shall be authenticated by the Director-General and the Secretary or some other person authorised in that behalf by a resolution of the Board. Section 23(3) Any contract or instrument which if entered into or executed by a person not being a body corporate would not be required to be under seal may be entered into or executed without seal on behalf of the Authority by the Secretary or any other person generally or specifically authorised by the Board in that behalf. Section 23(4) Any document purporting to be a document under the seal of the Authority or issued on behalf of the Authority shall be received in evidence and shall be deemed to be executed or issued, as the case may be, without further proof, unless the contrary is proved.

Section 23Verify source

§ 24MISCELLANEOUS PROVISIONS - 24. Relief from prosecutionProvision

The Authority, its officers and persons authorised under the Act are protected from being sued for acts or omissions done in good faith while exercising powers or duties under the Act.

Section 24. Relief from prosecution Section No action shall lie against the Authority or any of its officers or other persons appointed or authorised to perform any function under this Act in respect of anything done or omitted to be done by him in good faith in the exercise or performance of any power, authority, or duty conferred or imposed on him under this Act.

Section 24Verify source

§ 25MISCELLANEOUS PROVISIONS - 25. Prohibition of publication or disclosure of information to unauthorised personsOffence

Persons must not publish or disclose information obtained through their duties under the Act without written consent from the Authority, subject to limited exceptions; breaches are offences with specified fines and/or imprisonment.

Section 25. Prohibition of publication or disclosure of information to unauthorised persons Section 25(1) No person shall, without the consent in writing given by or on behalf of the Authority, publish or disclose to any person other than in the course of his duties, or when lawfully required to do so by any court or under any law, the contents of any document, communication or information whatsoever, which relates to, and which has come to his knowledge in the course of his duties under this Act. Section 25(2) Any person who knowingly contravenes the provisions of subsection (1) shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding fifty thousand shillings or to imprisonment for a term not exceeding five years or to both. Section 25(3) Where any person having information which to his knowledge has been published or disclosed in contravention of subsection (1) unlawfully publishes or communicates any such information to any other person, he shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding thirty thousand shillings or to imprisonment for a term not exceeding five years or to both. Section 25(4) The consent of the Authority under subsection (1), shall not be unreasonably withheld.

Section 25Verify source

§ 26MISCELLANEOUS PROVISIONS - 26. RegulationsProvision

The Cabinet Secretary may make regulations to prescribe matters under the Act and to carry its provisions into effect.

Section 26. Regulations Section The Cabinet Secretary may make regulations for prescribing anything under this Act and generally for the better carrying into effect the provisions of this Act.

Section 26Verify source

Legislative relationships

4 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

4 instruments

Authority Section 5(1)(a) administer and enforce the provisions of the Merchant Shipping Act
Section 5
Authority shall be audited in accordance with the provisions of the Public Audit Act
Section 22
Board The Board has all powers necessary for the proper performance of its functions under the Act
Section 7
Board under this Act
Section 9

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