Merchant Shipping Act

The Act may be cited as the Merchant Shipping Act.

Defines a 'Section' as one to which the Load Line Convention applies.

Section 3 applies this Act to Kenyan ships wherever they may be; to all other ships while in a port, place, or within Kenya's territorial and other waters; excludes certain government vessels and aircraft when employed otherwise than for profit; the Cabinet Secretary may make regulations about how the Act applies to Government ships used for non-commercial purposes; the Act applies to ships in inland waters.

The Director-General or an authorised person may board and inspect ships, enter port facilities, demand documents and take witness testimony; when carrying out duties under subsection (1) they must follow a laid down code of conduct.

Section title: "Communication, co-operation and consultation" and reference to "departments and agencies of the Government".

The Director-General must be the Registrar of Kenyan Ships and the Registrar of Seafarers; the Director-General may designate another officer to perform those duties.

The Director-General may exempt a ship from specified requirements of the Act or dispense with observing such requirements for a ship, subject to conditions and if satisfied of the matters in subsection (2).

The Cabinet Secretary must be responsible for administering and implementing this Act.

The Cabinet Secretary may, by notice in the Gazette, delegate to the Director-General or other specified officer the exercise of powers or performance of duties under the Act (except making regulations), subject to conditions in the notification; delegation does not prevent the Cabinet Secretary from exercising those powers, and officers acting under delegation are presumed to act within its terms unless proved otherwise.

No civil action may be brought against the Government, a public officer, or a person appointed or authorised under this Act for acts or omissions done in good faith while exercising powers, authority, or duties under the Act.

The Cabinet Secretary may give general directions to the Director-General about policy for administering the Act, and the Director-General must promptly take necessary or expedient steps to implement them.

The Cabinet Secretary may make regulations to implement and give effect to this Act, including specified topics such as applicability to government ships, enforcement of international conventions, fees, licences, enquiries, port state control, licensing requirements, and oversight of maritime services.

The Director-General must maintain documents of all conventions and international instruments referred to in this Act that apply in Kenya.

Only Kenyan ships may be engaged in any local trade in Kenyan waters, subject to regulations or treaties; the Cabinet Secretary may make regulations about foreign ships engaging in local trade; owners, agents and masters who contravene are guilty of an offence and liable to a fine not exceeding one million shillings and detention of the ship until fines are paid.

Foreign ships anchoring in, trading in or entering Kenyan ports must carry insurance against third‑party loss or damage; owners who breach commit an offence and face a fine up to one million shillings or up to five years' imprisonment, or both.

Section 16 deleted by Act No. 19 of 2023, Sch.

A ship is a Kenyan ship if it is registered in Kenya under this Part; subsection (2) lists criteria including length (24 metres or more), ownership by persons qualified to own a Kenyan ship, and not being exempted from registration.

Lists qualifications for who may own a Kenyan ship.

Ships wholly owned by persons qualified to own a ship in Kenya must be registered in Kenya unless registered in another State; masters must produce the Certificate of Registry or other evidence on demand; certain ships already registered under the repealed Merchant Shipping Act are entitled to registration under this Act subject to prescribed conditions; unregistered ships required to be registered are not recognised as Kenyan ships nor entitled to associated rights.

The Registrar of Ships must refuse to register a ship that is not entitled to registration for reasons related to safety, security, pollution risk, crew welfare, or possible criminal use, and must inform the applicant or their representative.

Section 21 lists grounds and procedures for termination of a ship’s registration, requires registered owners to inform the Registrar and surrender certificates on closure, sets notice procedures and timelines, and creates offences with fines and imprisonment for false representations or failure to surrender certificates.

The Registrar of Ships must not allow a ship to be de-registered except after giving prior written notice to all registered mortgage holders.

Registrar of Ships must issue a de-registration certificate on de-registration; on receipt the owner must immediately surrender the ship’s certificate of registry; failing without reasonable cause to surrender is an offence punishable by a fine up to five hundred thousand shillings, or up to three years imprisonment, or both.

No action may be brought against the Registrar of Ships or an officer acting in that capacity for anything done or omitted in good faith in performing powers, authorities or duties under the Act.

There shall be a register of Kenyan ships maintained by the Registrar of Ships; the Director-General may give general directions about the Registrar's functions; the register must distinguish classes and is available for public inspection on payment of prescribed fees; ownership of a ship is divided into 64 shares with limits on how many individuals may be registered and rules on joint ownership.

Before registration, a surveyor of ships must survey every ship and ascertain its tonnage; the surveyor must grant a certificate specifying the ship’s tonnage and build and such certificate must be delivered to the Registrar of Ships before registration.

Section 27 requires specific permanent markings on ships and creates offences with fines or imprisonment for inaccurate, missing, altered or concealed marks; the Director-General may grant exemptions and a surveyor may specify marking manner and certify deficiencies leading to detention.

An application to register a ship must be made by the person to be registered as owner (or by one or more of them), or by their agent for individuals, and by an agent for bodies corporate with the agent's authority evidenced in writing or under seal as specified.

Requires a statement of an applicant's qualifications to own a Kenyan ship; for a body corporate, requires statements of constitutional and business circumstances proving qualification to own a Kenyan ship.

On the first registration of a ship, evidence of title must be produced as specified in the registration regulations.

When registration requirements are met, the Registrar of Ships must register the ship by entering particulars about the ship in the register.

On the registration of a ship, the Registrar of Ships shall retain the survey certificate, the builders certificate (if any), and all declarations of ownership.

Mombasa is designated as the port of registry for ships registered under this Act.

When a ship is registered, the Registrar of Ships must issue a certificate of registry containing particulars specified in the registration regulations.

The certificate of registry must be used only for lawful navigation and a person in possession must not refuse on request to deliver it to the person entitled, the Registrar of Ships, an officer of customs, or other person entitled by law; refusal without reasonable cause is an offence punishable by a fine up to seventy thousand shillings, or up to five months' imprisonment, or both.

A master or owner who uses or attempts to use a certificate of registry not legally granted for the ship commits an offence.

The Registrar of Ships may issue or endorse certificates when ownership changes; the master must deliver the certificate to the Registrar promptly after the change; failure is an offence with a fine up to fifty thousand shillings and/or up to four months' imprisonment.

The Registrar of Ships may issue a marked duplicate certificate to the owner if satisfied the original certificate has been lost, stolen, destroyed or become defaced or illegible; the proper officer must endorse an electronically transmitted copy or issue a temporary endorsed certificate where no transmission facilities exist; failure to surrender a certificate when required is an offence punishable by a fine (up to 50,000 shillings), imprisonment (up to four months), or both.

Endorsement of change of master on certificate

Sets required contents of a provisional certificate of registry; requires a person granting one to be satisfied an application for registry has been made or is intended; makes a provisional certificate operate as a certificate of registry for up to three months or until the ship arrives; requires the ship's master to deliver the certificate to the Registrar within ten days of first arrival in Kenya and prescribes offence and penalties for failure.

Temporary pass in lieu of Certificate of Registry

Sets conditions and documentary requirements for registering the transfer of ownership of a ship and for issuing a short-term certificate of registry.

If a ship is registered under section 42 it is deemed to be a Kenyan ship; such a registered ship must not hoist colours other than the Kenyan national colours specified in section 91.

The provisions of this Part shall apply to the ship and its registration.

Defines the term "transferee."

Ships registered in the register must have a name; the Registrar of Ships may refuse registration of a proposed name that is already used or is so similar as to deceive or offend public interest; contravening persons commit an offence punishable by fine, imprisonment, or both, and the ship may be detained until compliance.

The Registrar of Ships must give written permission before a ship’s name is changed; if permission is granted the owner must promptly update the register, certificate and the ship’s bows and stern; the Registrar may grant permission and require publication and may order reversal if a name was changed without permission.

When a fishing vessel is registered, the registrar must allocate it an identity mark (letters and numerals) and enter it in the register; each registered fishing vessel must display that identity mark on both sides of its bow and show its Port of Registry on the stern.

Anyone who acts, or lets someone under their control act, in breach of section 48—or omits to do something required by section 48—commits an offence and is liable on conviction to a fine up to 100,000 shillings, or imprisonment up to six months, or both; in one specified foreign-ship application the ship may be detained until compliance.

The Registrar must keep a register book for ships under construction that contains the names of those ships.

Registrar must register or order re-registration of altered Kenyan ships upon receiving notice; the Registrar may suspend the ship's Certificate of Registry for failures; owner commits an offence for failure to register and faces fines, imprisonment, daily fines and possible forfeiture.

The Registrar must enter particulars of any alteration and the fact that a new certificate was issued or an endorsement made; the Registrar of Ships must also enter particulars of alterations and the issuance or endorsement of certificates in the register.

If ownership of a ship has changed, the Registrar of Ships may, on application by the new owners, register the ship anew.

When a Kenyan ship outside Kenya is to be registered anew, a designated officer must issue a provisional certificate or provisionally endorse the existing one; the master must deliver that certificate to the Registrar within ten days of arrival at a Kenyan port or within six months of issue (whichever is earlier), and the owner must apply for re-registration on first arrival—failures are offences with fines and/or imprisonment and additional daily fines and possible expulsion of the ship.

Section 55. Procedure for registration anew Section 55(1) Where a ship is to be registered anew, the Registrar of Ships shall proceed as in the case of first registry, and on the surrender to him of the existing certificate of registry,

Restriction on re-registration of abandoned ships

Ships of 24 metres and below, and vessels operating solely within Kenya's territorial and inland waters, must be licensed under this Act; registered ships are exempt; the Director-General may grant written exemptions subject to conditions.

Owners of licensed Kenyan ships must notify the Registrar of Ships in writing of any change of ownership within seven days (or further time allowed by the Director-General); the Director-General may in writing exempt any ship from the ownership requirement in subsection (1).

Section title: "Regulations on licensing".

The Cabinet Secretary must make tonnage regulations that govern how a ship's tonnage is measured, how that measurement is repeated on registration, allowances for lower tonnage, measurement and certification procedures, and may include prohibitions with penalties.

The Director-General may apply the Tonnage Convention to ships of a foreign country; may order that such ships be treated as having the tonnage shown on their national papers without re-measurement in Kenya; may limit that treatment in time and subject it to conditions; and may order re-measurement where a material difference exists.

If a person interested in a ship is incapable due to infancy, unsoundness of mind or other cause, the guardian, trustee or a person appointed by a court may make the required declaration and act on the incapacitated person's behalf; acts by that person are as effective as if done by the incapacitated person.

Registered owners have the power to dispose of a ship or share and to give effectual receipts for money paid; no notice of any trust shall be entered in the register book or be receivable by the Registrar of Ships.

Defines the term “beneficial interest” and references provisions preventing notice of trusts from being entered in the register book or received by the Registrar of Ships.

A person with a beneficial interest in a ship or share (other than by mortgage) is, as well as the registered owner, liable to all pecuniary penalties imposed on owners of ships or shares.

Owners of ships registered at a port in Kenya must register the managing owner’s name and address with the Registrar of Ships; failing to comply is an offence punishable by a fine up to 300,000 shillings, imprisonment up to two years, or both.

The Registrar of Ships may dispense with a required declaration or evidence if satisfied the person cannot provide it, but only with the approval of the Director-General, on production of other evidence, and subject to any terms the Registrar thinks fit.

Declarations required by this Part must be made before a Registrar of Ships, a proper officer or any person authorised to administer oaths; declarations for a body corporate may be made by its Managing Director or another authorised officer.

Fees authorised under this Part must be applied to pay the general expenses of carrying this Part into effect, except where this Act provides otherwise.

The Registrar of Ships must send to the Authority returns of registrations, transfers, transmissions, mortgages and other dealings with registered ships, and names and other particulars as directed by the Director-General.

Any person may, by applying to the Registrar of Ships during official hours and paying the fee set by the Director‑General, inspect any register book.

Section 72 lists documents for registration and (1) names several instrument types; (2) allows the Cabinet Secretary to alter prescribed forms and requires notice in the Gazette; (3) exempts a Registrar of Ships from being required to record instruments unless directed by the Director-General.

Any person must not forge, fraudulently alter, assist in forging or procure to be forged or altered certain ship-related documents; doing so is an offence punishable by up to three years' imprisonment or a fine of up to five hundred thousand shillings, or both.

Making a false declaration about qualification to own a Kenyan ship or a share is an offence punishable by up to three years' imprisonment or a fine up to 500,000 shillings (or both); the ship or share may be forfeited to the extent of the declarant's interest.

A Kenyan ship that is required to be registered but is not registered is not entitled to the benefits, privileges or advantages usually enjoyed by Kenyan ships; liabilities, fines and punishments for such unregistered ships are to be dealt with as if the ship were registered.

Section title: "Fees".

Small ships trading outside Kenyan territorial waters must be registered under this Act; ships registered under section 19 are exempt; section also applies to certain Lake Victoria ships; the Director-General may in writing exempt small ships subject to conditions.

Owners must notify the Registrar of Ships in writing within seven days (or any further time allowed by the Director-General) after a change of ownership; the certificate of registration is deemed cancelled if the owner ceases to be resident in Kenya or fails to notify as required; the Director-General may in writing exempt a small ship from the residency ownership requirement.

Allows the making of regulations for registration of small ships.

When a registered ship or a share is disposed to a person qualified to own a Kenyan ship it must be transferred by a bill of sale; the transferor must execute the bill of sale in the presence of, and it must be attested by, a witness or witnesses.

Requires a statement of the transferee's qualification to own a Kenyan ship, or if the transferee is a body corporate, a statement of such circumstances of its constitution and business as prove it is qualified to own a Kenyan ship.

The Registrar of Ships must enter the transferee's name in the register once satisfied the ship remains entitled to be registered in Kenya, endorse the bill of sale with that entry (including date and time), and issue a new certificate of registry after registration.

Persons acquiring property in a ship by transmission must make and sign a 'declaration of transmission' identifying the ship and stating how the property was transmitted; where applicable the declaration must be accompanied by court-acceptable evidence for bankruptcy, an instrument of representation for death, or a court order; the Registrar of Ships must, after receipt and being satisfied of entitlement, enter the person(s) in the register.

The court may, on application, order sale of a registered ship or share transmitted to an unqualified person and direct distribution of proceeds; the court may require evidence, make the order on terms, refuse it, and generally act as justice requires.

When a court orders the sale of a ship or a share in a ship it must name a person in the order who is entitled to transfer the ship or share; that person may transfer as if they were the registered owner, and the Registrar of Ships must treat transfer applications from that named person as if they were the registered owner.

The court may, on application by an interested person, order that dealings with a ship or any share in it be prohibited for a specified time; the court can set terms, refuse or discharge such orders; the Registrar of Ships must obey the order when served with it or an official copy.

Section heading for interpretation that includes the phrase "passenger ship".

The Safety Convention applies to all Kenyan ships and to other ships on international voyages while in Kenyan waters, subject to the listed exceptions and special rules in subsections (2)–(5).

The Director-General may exempt ships (or classes) from safety requirements subject to conditions; certain exemptions for single international voyages, novel-feature ships, and sheltered voyages (within twenty nautical miles) are provided; where novel-feature exemptions are granted the Director-General must tell the Organization, and such novel ships must comply with safety requirements the Director-General considers adequate.

The Cabinet Secretary may make regulations to give effect to Chapter VIII of the Annex to the Safety Convention concerning ships provided with nuclear power plants.

The Cabinet Secretary may make regulations setting requirements for the hull, equipment and machinery of cargo ships and may require Kenyan ships to be surveyed at prescribed extents, manners and intervals.

Empowers regulations concerning small ships' safety requirements and survey.

Surveyors must inspect specific parts and equipment of ships (hull and machinery; equipment and tackle; life‑saving and fire‑fighting equipment; radio installations; and cargo stowage including dangerous goods), and surveys for enforcement shall be carried out by surveyors appointed under section 409 or, subject to conditions imposed by the Director‑General, by authorised classification corporations or societies.

Surveyors may inspect ships at reasonable times to ensure compliance; they may ask questions, require activation or dismantling of machinery, and detain ships when unsafe. Surveyors must give written notice of deficiencies; persons questioned or required to operate/dismantle machinery must answer/comply. Contravening those duties is an offence punishable by a fine up to fifty thousand shillings, or imprisonment up to four months, or both.

A surveyor must/report to the Director-General regarding whether the hull and machinery are sufficient for the intended service and in good condition.

A surveyor must keep records of inspections and certificates and must provide copies and other information the Director-General requires.

Owners and masters must keep ships (structure, machinery and equipment) in condition to comply with this Part; after surveys, no material changes without surveyor approval except direct replacement; report accidents/defects to a surveyor or proper officer; surveyors/proper officers must investigate and require surveys when necessary; Kenyan and other ships in Kenyan waters and related companies must comply with the ISM Code.

If a surveyor finds a ship's condition does not match required certificates or is unsafe, the surveyor must advise the owner or master and notify the Director-General; if required corrective action is not taken within a reasonable period the surveyor must notify the Director-General who may suspend the certificate and give notice to the owner and surveyor, and the surveyor shall then notify the master. This section applies only to Kenyan ships and ships surveyed under this Part.

Section 241 prescribes which safety certificates must be issued to ships engaged on international voyages, specifying different certificate types for passenger ships and cargo ships by tonnage and allowing a Cargo Ship Safety Certificate as an alternative to certain cargo certificates.

For a Kenyan passenger ship not engaged on international voyages, a Passenger Certificate appropriate to its Class is to be issued.

Certain ship safety certificates "shall be in the prescribed form."

Specifies maximum validity periods for various ship safety certificates (passenger certificates: up to twelve months; certain cargo ship certificates: up to five years) and lists conditions when a certificate is no longer valid (expired without extension, surveys not carried out/endorsed, or transfer of ship to another State).

When an exemption is granted to a ship, an Exemption Certificate must be issued in addition to any certificate issued under section 241; the Exemption Certificate's validity cannot exceed that of the certificate to which it refers and it is subject to the same extension and other provisions as those certificates.

The Director-General may extend certain ship certificates to allow a Kenyan ship to complete its voyage (subject to reasonableness), but extensions cannot exceed three months; a separate one-month grace extension is allowed if subsection (1) was not used; the Director-General may issue a memorandum reducing permitted persons aboard in specified circumstances.

The Director-General may request the government of a country party to the Safety Convention to survey a ship and, if satisfied the Convention's requirements are met, to issue or authorise certificates referred to in section 246; a certificate issued in response must state that it was so issued and has the same effect as if issued by the Director-General.

Section 248 permits the Director-General, at the request of a contracting Government and if satisfied after survey, to survey non‑Kenyan ships, issue and endorse Safety Convention certificates that will state they were so issued and have the same effect as if issued by that Government; a surveyor may board such ships to verify required certificates, particulars and compliance with section 251.

Passenger ships not engaged on international voyages must have a Passenger Certificate appropriate to their class; cargo ships of five hundred tons or over not engaged on international voyages must have a Cargo Ship Safety Certificate; certificates issued under this section are subject to the requirements of this Part as though issued under section 242.

Certificates may be cancelled for specific faults (fraud, alteration, false information, damage/deficiency); the Director-General may require surrender of expired or cancelled certificates.

The owner and master of every ship issued with a certificate must keep the certificate readily available on board for examination at all times.

Ships shall not proceed to sea from a Kenyan port unless they hold the required certificates or documentation; owners and masters must comply with certificate conditions and masters must present certificates to port authorities before clearance.

Passenger ships on non-international voyages must not begin a voyage or excursion unless surveyed and a Passenger Certificate for that voyage is in force; if a certificate is conditional, the ship must comply with all those conditions before proceeding.

The owner and master of a passenger ship must ensure the number of passengers on board does not exceed the number stated on the ship’s Passenger Ship Safety Certificate or Passenger Certificate.

Sections 255(1)–(5) create offences for owners and masters (and for masters alone in one case) when specified parts of the Part or particular sections are not complied with; convictions carry fines or imprisonment. Section 255(6) provides a defence of taking all reasonable steps.

If a ship does not comply with the Part, the ship shall be liable to be detained.

A person (an owner or someone who applied for a required survey) who is dissatisfied with a survey outcome may, within twenty-one days of completion, serve notice on the certificate issuer to refer the matter to a single arbitrator appointed by agreement or, if no agreement, by the Cabinet Secretary; the section lists qualifications for arbitrators and gives an arbitrator inspection powers under Part XVIII.

If a valid Safety Convention certificate is produced for a foreign Safety Convention ship, the certificate is accepted prima facie and the ship is exempted from surveys or inspection under this Part unless there are clear grounds to believe the ship or its equipment do not match the certificate or do not comply with regulations.

Kenyan passenger ships of any size and Kenyan cargo ships of 25 metres net tonnage must carry prescribed ship stability information on board; the Director-General may allow the information to be based on a sister ships test; owner and master commit an offence and face a fine up to 100,000 shillings, imprisonment up to six months, or both if the ship goes to sea without the required information.

When making regulations about fishing vessels, the Cabinet Secretary must have due regard to the Torremollinos Convention for the Safety of Fishing Vessels, 1977.

An officer of the port authority must not grant clearance to a ship until the ship's master declares the nation to which the ship belongs; the officer must then inscribe that name on the clearance certificate.

It is an offence for the master, owner or charterer of a ship to act to make a non‑Kenyan ship appear to be Kenyan, and for similar actions to conceal nationality or misuse the Kenyan flag; forfeiture of the ship and liability as in section 89 are provided, with specified exceptions and a burden of proof on those asserting the right to use the flag.

A person who commits the offence under section 88 is, upon conviction, liable to up to six months imprisonment or a fine up to thirty thousand shillings, or both.

A ship registered or licensed under this Act is entitled to fly the national flag of Kenya.

The master of the ship must comply with subsection (1); failure is an offence punishable by a fine not exceeding ten thousand shillings or imprisonment not exceeding two months or both. Hoisting specified national or service colours on a Kenyan ship by the master, owner (if on board) or any person hoisting is an offence punishable by a fine not exceeding two hundred thousand shillings or imprisonment not exceeding twelve months or both, and seizure of the colours or pendant (subsection (3) and (4)).

Using or permitting use of the Kenyan flag on a foreign ship to make it appear Kenyan is an offence punishable by up to one year imprisonment or a fine of up to 250,000 shillings, or both; in proceedings the person using the flag must prove the right to use it.

Specified officers or persons may bring proceedings for forfeiture; the Court may order forfeiture or other just orders; officers or persons bringing proceedings are not liable for damages if the Court is satisfied there were reasonable grounds for seizure or detention, otherwise the Court may award costs and damages.

Proper officers must endorse and sign sale certificates and notify the Registrar of Ships; the Registrar must enter sales or cancel certificates as specified; failure to produce required certificates can render purchasers without title and certain persons commit an offence.

Foreign-registered ships sold to persons qualified to own a Kenyan ship may be registered in Kenya; applications and certain documents must be produced to the Registrar, and specified entries and endorsements are to be made and forwarded.

The power conferred must be exercised in conformity with the directions contained in the certificates.

If the Registrar of Ships is satisfied that a Certificate of Sale or Mortgage is lost, destroyed or useless and appropriate proofs are provided, the Registrar may issue a new certificate or order entries or other actions in the register as needed.

An owner of a Kenyan ship (or of a share where a certificate of sale or mortgage specifies places) may, by instrument under his hand, authorise the Registrar of Ships to notify the proper officers at those places that the certificate is revoked; the proper officer must record such notice and, once recorded, the certificate is deemed revoked for subsequent sales or mortgages at that place; the recorded notice must be exhibited to applicants for transfers or mortgages; and a proper officer who records the notice must inform the Registrar whether any previous exercise of the power has taken place.

Section 105 lists categories of claims that constitute maritime liens, including (a) crew wages and sums due for employment, (b) port and waterway and pilotage dues, (c) claims against the owner for loss of life or personal injury connected to ship operation, (d) non-contractual claims against the owner for loss or damage to property connected to ship operation, and (e) claims for salvage, wreck removal and general average contribution. It also defines "owner" to include the charterer, manager or operator of the ship.

Maritime liens referred to in section 105 have priority over mortgages and preferential rights registered under this Part or arising under insolvency law; except as provided in section 107, no other claim takes priority over them.

Maritime liens for salvage, wreck removal and contribution in general average take priority over other maritime liens that attached to the ship before the operations giving rise to those liens were performed.

Section title: "Rights of ship builders and repairers"

Section 109 allows certain bareboat-chartered ships to be registered as Kenyan ships (subject to conditions and documentary proof), entitles such a ship to be registered if an application is duly made under section 28, and gives the Cabinet Secretary the power to exempt ships or classes of ships from Part IV requirements by Gazette notice where those requirements are superfluous.

Maritime liens described in section 105 arise against various parties and, subject to section 112, remain attached to the ship despite changes of ownership or registration.

A maritime lien must not attach to a ship to secure claims under section 105(1)(c) or (d) that arise from radioactive properties (including when combined with toxic, explosive or other hazardous properties) of nuclear fuel or radioactive products or waste.

Maritime liens listed in section 105 are extinguished one year after the claims arose unless the ship was arrested and sold in a forced sale before that time.

All holders of mortgages and other preferential rights registered under this Part which have not been issued to bearer

When a sale occurs, mortgages and other preferential rights registered under this Part (except those the purchaser assumes with consent of the holders) and all liens and other encumbrances (but not including a charter party or contract for the use of the ship) shall cease to attach; and no charter party or contract for the use of the ship shall be deemed to be a lien or encumbrance for the purpose of this section.

Disposition of proceeds of sale; the holders of maritime liens under section 105

When a ship sold by forced sale in Kenya, the executing officer must issue, at the purchaser's request and once satisfied the Part's provisions are complied with and sale proceeds are deposited with the competent authority, a certificate that the ship is sold free of mortgages, liens and other encumbrances except those assumed by the purchaser.

Registered owners of a ship or a share in a ship have the power to dispose of it (subject to registered rights and powers and compliance with the Act); owners also may have equitable interests enforced against or by them and may give effectual receipts for consideration on disposal.

Registered ships or shares may be used as security (a mortgage) for loans or other obligations; mortgages must be in prescribed form, registered by the Registrar of Ships in the prescribed manner, recorded in order with date/time and signature, and certain prohibitions and consent requirements (e.g. against further mortgages or transfer/termination without mortgagee consent) must be noted and enforced; mortgages on provisionally registered ships and ships under construction are registrable and remain registered until discharged.

When two or more mortgages are registered for the same ship or share, mortgage priority is set by registration order and not by any other matter.

Regulations may allow intending mortgagees to give priority notices to the Registrar of Ships; when recorded in the register they determine the priority of the related interest.

A registered owner of a Kenyan ship (or a share) may apply in writing to the Registrar of Ships to sell or mortgage that ship or share outside Kenya; the application must state specified particulars, and the Registrar must record those particulars and grant a Certificate of Sale or Certificate of Mortgage, which must be in prescribed form and must not authorise sales/mortgages in Kenya or by persons not named.

A Certificate of Sale shall not be granted except for sale of an entire ship.

Section 117 defines terms and interpretive rules used in this Part (definitions include “crew agreement”, “mate”, “relief and maintenance”, and “ship’s boat”; it also explains when a seafarer is treated as discharged and how references to going to sea are to be read).

Persons must not recruit Kenyan seafarers for service on Kenyan or foreign ships unless they first obtain a prescribed licence from the Authority; the offence carries a fine up to 100,000 shillings or imprisonment up to six months or both.

Crew agreements must be in the prescribed form, dated at the time of first signature, and signed by the master before a seafarer signs.

Gives the master or an officer designated by the master the power to impose fines on seafarers for disciplinary offences on board.

If conduct has been dealt with as a disciplinary offence, it must not be dealt with again as an offence under any provision of this Act when it is both a disciplinary offence and an offence against the Act.

Each seafarer must sign the agreement, subject to the Act's provisions about substitutes.

The master must display a legible unsigned copy of the crew agreement accessible to the crew at the start of every foreign voyage or engagement; seafarers may introduce evidence of crew agreements without producing them; fraudulent alteration or falsification of crew agreements is an offence.

Parties must not adopt contractual stipulations that conflict with the laws of the ship's flag state regarding wages and employment conditions of seafarers and the master.

The master must sign and give a discharged seafarer a prescribed-form certificate of discharge specifying service period and time/place of discharge; the master must return retained certificates of competency to officers when they are discharged.

The master must, subject to section 175 and if the seafarer so desires, give the seafarer a copy of the character report on discharge.

If a Kenyan ship ceases to be registered, any seafarer employed on the ship shall be discharged unless he gives written consent to continue; if he consents the Part's provisions on wages and the Registrar's power to decide wage disputes apply as if the ship had remained registered in Kenya.

Section 128 sets conditions under which children may be employed on ships, requires a medical fitness certificate delivered to the ship's master, limits validity and revocation of that certificate, and prohibits children from working in engine-rooms except as supervised apprentices.

Before leaving Kenya, the master of every ship trading from and beyond Kenyan waters must sign and send to the Director-General a prescribed-form statement of every change in his crew; failure without reasonable cause is an offence.

If a master ceases to command during a voyage he must give his successor the ship's Certificate of Registry and navigation and crew documents; failing without reasonable cause is an offence. The successor must immediately record the delivered documents in the official log book on assuming command.

When making regulations under subsection (1), the Cabinet Secretary must have due regard to the Seafarers’ Code of the International Labour Organization.

Documents and correspondence must be in English; written signs on Kenyan ships must be in English (a foreign-language version may be appended).

If the Director-General considers that crew may not understand orders due to insufficient English and lack of arrangements to transmit orders in a known language, the Director-General must inform the master, and the ship must not proceed to sea until the Director-General is satisfied the situation is rectified; if the ship proceeds in contravention, the owner and master each commit an offence.

The Cabinet Secretary may make regulations prescribing procedures for discharging seafarers; those regulations may require notice, recording of discharges and set rules about discharge outside Kenya.

States: "Seafarer left outside Kenya."

The master or owner of a Kenyan ship trading from and beyond Kenyan waters must pay each seafarer belonging to that ship their wages, if demanded, within two days after arrival at the port where the crew is to be discharged or upon the seafarer’s discharge, whichever happens first.

The master of every Kenyan ship must deliver a full and true account of a seafarer’s wages and all deductions before paying off or discharging the seafarer, and in the time and manner required by the Act.

The master must record in a dedicated book, during the voyage, the matters for which wage deductions are made and produce that book when required at wage payment or at hearings about wage complaints.

A discharged seafarer must sign a prescribed release when wages are settled; the release must be signed by the master or owner; the owner must retain the release for seven years and produce it on demand to the Registrar of Seafarers or other proper officer.

If a dispute between a master or owner and any of his crew is brought before the Registrar of Seafarers and both parties agree in writing to submit it, the Registrar must hear and decide it; his award is conclusive and a document purporting to be the submission or award is admissible in evidence.

The Registrar of Seafarers may require persons connected to a ship to produce documents, attend and be examined, and may administer oaths; the owner or master must pay travelling and other expenses incurred by the Registrar in such proceedings.

If wages agreed to be paid in a specific currency are paid in a different currency, the payment must be at the rate of exchange current at the place where payment is made, and that rate must be endorsed on the agreement by a proper officer at that place.

Registrar or proper officer may decide wage disputes up to one hundred thousand shillings on application; may refuse if it should be decided by a court. If both parties in writing submit any dispute to a shipping master, the shipping master must hear and decide it; his award is conclusive and the submission or award is admissible as evidence.

Section 144: Interest on wages where no crew agreement exists.

Subject to this section, a seafarer may allot part of his wages by means of an allotment note issued in accordance with regulations.

Seafarers (and masters) are entitled to specified wages when their service ends early: wages for time served if left ashore for unfitness; wages for up to two months at the prior rate if employment ends because the ship is lost or foundered or (for Kenyan ships sold or ceasing to be Kenyan) subject to conditions and exceptions.

Seafarers cannot renounce certain rights (lien, wage recovery, salvage rights) by agreement; inconsistent agreement terms are void; an exception covers agreed salvage-service remuneration.

Employers of a seafarer must retain a specified proportion of the seafarer’s net wages for a period stated in a notice, notify a public officer in writing of the seafarer’s discharge, and give the seafarer written notice of the contents; a competent court may order payment to the officer on application.

The master of a Kenyan ship has, so far as circumstances permit, the same rights, liens and remedies to recover wages and to recover disbursements or liabilities properly incurred on account of the ship as a seafarer has; the Court may counter-adjudicate related set-off or counter-claim questions and direct payment of any balance.

Seafarers and apprentices are entitled to demand and recover wages regardless of whether freight was earned, except that if in a wreck or loss of the ship it is proved the seafarer did not exert himself to save the ship, cargo and stores, his claim for wages is barred.

A seafarer is not entitled to wages for periods when he unlawfully refuses or neglects to work, or is lawfully imprisoned for an offence, unless a court directs otherwise.

Section 152. Illness Section 152(1) Where a seafarer is, by reason of illness, incapable of performing his duty, and it is proved that the illness is a sickness or infirmity wilfully concealed at the time of engagement, he shall not be

The court may order up to one month’s wages of a seafarer to be used to reimburse costs properly incurred by the master in procuring the seafarer’s conviction when the seafarer is convicted during the voyage in proceedings about wages.

Section 154. Improper discharge

Wages generally cannot be attached, assigned early binding does not bind the assignor, powers of attorney for wages are not irrevocable, and payments to seafarers are valid even if wages are assigned, attached or encumbered.

Officers are entitled to at least seventy two working days leave; crew members to at least forty eight working days; and every crew member of a Kenyan ship is entitled to nine days annual leave with pay in lieu of public holidays (prorated if continuous service is under twelve months).

A seafarer (or an authorised person) may sue for wages once they become payable in a court with jurisdiction where the service ended, where discharged, or where the defendant resides; the court may summon defendants, examine witnesses on oath, order payment, enforce payment by distress and sale or by levy on the ship, and where enforcement is impossible may arrest and commit to prison for up to three months.

Jurisdiction of court in recovery of wages where the owner of the ship is bankrupt;

The court may rescind contracts between an owner or master and a seafarer, including apprenticeship contracts, if it considers it just when proceedings relating to their dispute are before it.

When a seafarer belonging to a Kenyan ship dies during a voyage the master must take charge of the deceased's money and effects on board, keep an entry (signed by the master and attested by a mate), may sell effects if he deems fit, and must without undue delay furnish the Registrar of Seafarers with a statement of the property referred to as “the property of the seafarer”.

A master may deduct expenses from a deceased seafarer’s property that were properly incurred in complying with subsection (1), and after complying with subsection (1) the master must deliver a statement of account to the Registrar of Seafarers about the seafarer’s property.

Section 162. Forgery of documents and false evidence

Ship owners must ensure the seaworthiness of their ship; this obligation applies despite any agreement to the contrary.

The owner of a ship is exempt from liability for the ship being sent to sea in an un-seaworthy state if, under section 163(1), special circumstances made sending the ship to sea in that state reasonable and justifiable.

Regulations may set standards for crew accommodation and inspections; masters/officers must carry out prescribed inspections; owners/masters committing contraventions commit an offence punishable by a fine up to 150,000 shillings or up to nine months imprisonment and the ship may be detained.

Seafarers (three or more) may complain to the master about provisions or water; the master must investigate and, if seafarers remain dissatisfied, must enable them to complain to the Director-General or proper officer; the Director-General or proper officer must investigate and may examine the provisions or water. Failure to replace substandard provisions or permitting use can be offences with fines up to fifty thousand shillings or imprisonment up to four months.

Employers must pay reasonable medical costs for seafarers treated outside Kenya when treatment cannot be postponed, and must pay burial or cremation expenses for seafarers who die and are buried or cremated outside Kenya.

The Cabinet Secretary may make regulations to secure safe working and access for masters and seafarers on Kenyan ships and to provide for reporting of injuries; when making such regulations the Cabinet Secretary must have due regard to the Seafarers’ Code of the International Labour Organisation.