Merchant Shipping Act

Applications of sections 170 to 174.

Gives the Cabinet Secretary power to make manning regulations (including requiring ships to carry specified numbers of qualified officers, doctors, cooks and seafarers), requires the Cabinet Secretary to have due regard to the STCW Convention when making such regulations, limits the Secretary's power to require seafarers (other than doctors and cooks) to situations necessary for safety, allows regulations to make various provisions (evidence of standards, examinations, certificates), and creates an offence for making false statements to obtain certificates punishable by a fine up to 250,000 shillings or up to 15 months imprisonment or both.

The Director-General may exempt any ship or description of ship from requirements of regulations made under section 170.

The owner or master must not send a ship to sea (or attempt to) without carrying the officers and other seafarers required by section 170; such conduct is an offence liable to a fine not exceeding 100,000 shillings or imprisonment for up to six months, or both.

People serving on applicable ships who hold certificates proving qualification must produce those documents on demand to specified authorities and the master; failure without reasonable excuse is an offence carrying a fine up to fifty thousand shillings, or up to four months imprisonment, or both.

If the Director-General or a proper officer informs the master that the crew lack English, the ship shall not go to sea; if a ship goes to sea or attempts to do so in contravention, the owner or master commits an offence liable to a fine not exceeding one hundred thousand shillings, or imprisonment for a term not exceeding six months, or both.

It is an offence for a person to go to sea claiming to be a qualified officer or seafarer when not qualified; on conviction the person may be fined up to one hundred thousand shillings, or imprisoned up to six months, or both.

The Director-General may issue and record certificates of competence for ships even if the standard is not listed in section 170(1)(b); the Cabinet Secretary may make related regulations; making a false statement to obtain such a document is an offence punishable by a fine up to 150,000 shillings, imprisonment up to nine months, or both.

Children must not be employed in Kenyan ships except as allowed by regulations; the Cabinet Secretary may make regulations; owner or master who employs contrary to the section commits an offence and faces fines or imprisonment.

The Cabinet Secretary may provide financial assistance (grants, loans or otherwise) for training of officers and ratings for service in merchant ships and may impose conditions, including repayment in specified circumstances.

Makes it an offence for a master or seafarer (including those on Kenyan and certain foreign ships in Kenyan waters) to act or omit to act in ways that cause or are likely to cause serious loss, damage, death or injury; conviction can lead to up to two years' imprisonment, a fine up to 150,000 shillings, or both.

Seafarers must not disobey lawful commands, neglect duties, or impede a voyage or navigation while the ship is at sea; committing these offences may lead to imprisonment up to two years or a fine up to fifty thousand shillings.

The Cabinet Secretary may make regulations to maintain discipline on Kenyan ships; those regulations may provide for disciplinary hearings on shore by a disciplinary body and for proceedings to continue even if the seafarer is absent; a disciplinary body may dismiss, warn, reprimand or recommend loss of discharge book.

Section 182 provides for inquiries into an officer's fitness or conduct; a suspended certificate may be terminated by the Court on the officer's application (decision final); rules require inquiries to be held with the assistance of one or more assessors; the Director-General may recover costs ordered under subsection (4)(b).

If the Director-General considers a certificate holder unfit, the Director-General may give written notice that suspension or cancellation of the certificate is being considered.

The Director-General must cause an inquiry to be held when a person has, before the date in section 183(4), required their case to be dealt with by such an inquiry; the Director-General may recover costs ordered under subsection (3)(e).

Certain persons affected by an inquiry decision or finding may appeal to the Court if no application for a rehearing order under subsection (1) was made or was refused.

The Cabinet Secretary may make rules for conducting inquiries under sections 182 and 184 and for re-hearings and appeals under section 185.

A person who fails to deliver a certificate required under sections 182, 183 or 184 commits an offence punishable by a fine not exceeding one hundred and fifty thousand shillings or imprisonment for up to nine months, or both.

If a certificate was cancelled or suspended under sections 182–185, the Director-General may, if satisfied that justice requires it, re-issue the certificate, reduce the suspension period and return it, or grant a new certificate of the same or lower grade.

An inquiry may summon a person to attend to give evidence or produce documents and may take evidence on oath or require a solemn affirmation; conditions for summons include that the person can give material evidence or produce documents, has been served with the summons, and has been paid or tendered reasonable costs and expenses.

Refusing to give evidence at an inquiry can result in custody not exceeding one month, or a fine not exceeding twenty five thousand shillings, or imprisonment not exceeding three months, or both; a fine under subsection (1)(b) is to be treated as imposed by the Court and particulars must be given to the Registrar of Court.

A seafarer employed in a Kenyan ship must be on board when required by their employment contract; absence may be excused if caused by accident or other uncontrollable causes and if reasonable precautions were taken. Liability for unauthorised absence is two thousand shillings if no special damages are claimed, and up to ten thousand shillings if special damages are claimed.

If a seafarer employed in a Kenyan ship is found in civil proceedings in Kenya to have committed smuggling (inside or outside Kenya), they must make good any loss or expense caused to another person.

If a seafarer employed on a Kenyan ship is absent without leave while the ship is in a foreign country's internal waters or territorial seas and present in that country in contravention of its laws, penalties incurred under that country's laws may be treated as attributable to the seafarer and recovered from him; where another person incurs a penalty not exceeding ten thousand shillings (or, if it exceeds that amount, ten thousand shillings), that person may recover that amount from the seafarer.

Regulations may provide for returning seafarers left behind or shipwrecked, including expenses, wages, property, burial costs, and may require the Registrar and ship masters to take actions and keep records; regulations may make contraventions offences.

If a seafarer left behind abroad or brought to Kenya remains away for more than three months, the person who last employed them is not required to pay for their return or related matters after that period, unless regulations under section 194 imposed an obligation on that person before the period ended.

If expenses are incurred by the Cabinet Secretary, or by a foreign government and repaid to the employer on behalf of the Government, the Cabinet Secretary may recover them from the employer.

Recovery of expenses may be made from a seafarer.

Requires Kenyan ships to keep an official log book in a Director-General prescribed form in English; allows the Cabinet Secretary to make regulations about log book particulars; allows the Director-General to require translation into English; requires ships to carry deck and engine room log books; intentionally destroying or mutilating log book entries is an offence punishable by a fine up to 200,000 shillings or up to 12 months' imprisonment.

Section 199. Crew list Section 199(1) Except as may be provided by regulations made under this section, the master of every Kenyan ship shall make and maintain a list of the crew, containing such particulars as may be prescribed. Section

The section provides for Kenyan seafarer identity cards, allows regulations to prescribe particulars and requirements (including production and surrender), empowers the Cabinet Secretary to provide incidental matters in regulations, and makes false statements to obtain a card an offence punishable by a fine and/or imprisonment.

Section 201 addresses discharge books: it provides for issue, application, production, surrender and re-issue of discharge books; allows the Cabinet Secretary to provide for incidental or supplementary matters; states that regulations may make contraventions offences; and links disentitlement to recommendations by a disciplinary body.

When a person ceases to be master of a Kenyan ship during a voyage, they must hand over to their successor any ship- or crew-related documents in their custody; failure without reasonable excuse is an offence punishable by a fine up to 150,000 shillings, or up to nine months' imprisonment, or both.

Regulation for the prevention of collisions at sea.

Owners and masters of Kenyan ships must comply with the Collision Regulations and must not carry or exhibit other lights or use fog signals except as prescribed; wilful infringement by an owner or master is an offence punishable by up to six months imprisonment or a fine not exceeding five hundred thousand shillings; subsections (1) and (2) also apply to owners and pilots of seaplanes on the surface of water.

The Collision Regulations apply to all foreign ships and seaplanes in Kenyan waters, and in court cases concerning breaches arising in Kenyan waters they are to be treated as if they were Kenyan-registered ships and seaplanes.

Vessels at fault are liable for collision damages; where a vessel caused a collision it must make good the damages, and vessels at fault are jointly and severally liable for death or personal injuries (with rights of contribution between vessels).

A surveyor or inspector may inspect any ship in a Kenyan port to check required lights, shapes and sound-signal means; if deficiencies are found the inspector must specify in writing what to fix and detain the ship until it is rectified to his satisfaction.

Masters must, after a collision, render practicable and necessary assistance to the other ship and its persons and stand by until no further assistance is needed; they must also give the other ship's master the name and port of registry of their ship and the ports from which and to which their ship sailed.

A person who fails to comply with section 208(1)(a) is liable, on conviction, to up to six months' imprisonment, or a fine up to one hundred and fifty thousand shillings, or both.

Masters of Kenyan ships must report specified navigation dangers to shore authorities and repeat such information to nearby ships; failure is an offence punishable by up to six months' imprisonment or a fine of up to 100,000 shillings, with a defence available if reasonable precautions were taken.

When ice is reported on or near the course at night, the master of a Kenyan ship must either proceed at a safe speed adapted to the circumstances or change course to keep well clear of the ice and area of danger; failure is an offence punishable by up to six months' imprisonment or a fine up to two hundred and fifty thousand shillings, or both.

Masters of ships have a duty to assist ships in distress; the master is released from that duty when informed that one or more other ships have been requisitioned under section 213 and are complying with the requisition.

A master of a ship in distress may requisition ships answering his call; masters of requisitioned ships must proceed at once to assist, and a master is released from certain duties if told assistance is no longer required.

The master of a ship must, so far as he can without serious danger to his ship and those on it, render assistance to any person in danger of being lost at sea.

Masters of Kenyan ships, and masters of foreign ships while in Kenyan waters, must comply with sections 212, 213 and 214.

The Cabinet Secretary may make regulations about signals of distress and urgency; signals prescribed by those regulations are deemed signals of distress and urgency. A master who contravenes subsection (2) and is a certificated officer shall be subjected to an inquiry into his conduct as provided in section 182.

Owners, managing owners, representative persons or agents must ensure accidents or damage described in subsection (1) are reported to the Director-General by the master; if not reported they must as soon as possible send written notice with specified ship details, nature and probable cause. Masters (and these persons) who fail without reasonable cause commit an offence liable to a fine or imprisonment.

Managing owners or agents of a ship must, within a reasonable period after they have reason to believe the ship is lost, provide the ship's name, port of registry and official number (if any) and report the loss with circumstances and probable cause; failing to comply without reasonable cause is an offence punishable by a fine not exceeding fifty thousand shillings, or up to four months' imprisonment, or both.

The Director-General must advise the seafaring community and the public about situations that may affect maritime safety; the Director-General may require persons to assist in communicating that information.

Defines “aids to navigation” and “aids” to include lighthouses, buoys, beacons, radio aids, other lights, signals or marks established to aid marine navigation and associated buildings, moorings and works.

Navigational aids necessary for safe navigation of ships shall be established in Kenya.

The Cabinet Secretary may, by notice in the Gazette, publish and update a list of navigational aids.

The Director-General must be responsible for establishing and maintaining all navigational aids of the Authority and other government-owned navigational aids under the Authority's control.

Contravening section 221 or 222 is an offence.

If a ship damages, destroys or fouls an aid, the ship may be detained until the cost of repair, replacement or rendering the aid effective again is paid.

Do not show lights (including fires) in ways that mislead ships in Kenya's coastal areas; breach is an offence punishable by a fine, imprisonment, or both; the Director-General may extinguish unauthorised lights and enter premises to do so.

When regulating navigational aids, the regulator shall have due regard to the IALA Harmonised Buoyage “System B” or any international replacement.

The Cabinet Secretary may make regulations about navigation equipment and nautical publications; such regulations can require Kenyan ships to carry and use specified equipment or publications, and the master and owner commit an offence and face a fine (up to fifty thousand shillings) if a ship goes to sea without required items.

Section 261 provides definitions and interpretive rules for load lines, including defined terms (for example, "alteration", "clearance", "Convention country", "deck-line", "load lines", "Load Lines Convention", "non-Kenyan ship", "post-1966 Convention ship", "pre-1966 Convention ship", and "valid Convention certificate"), rules for determining the material date for different ships, which dates apply for ships of different registrations, what counts as ports between which a voyage is, exclusions for deviations due to stress of weather or unavoidable circumstances, how gross tonnage is to be construed, that ship length is ascertained by regulations made by the Cabinet Secretary, and that references to provisions of the Load Lines Convention are to be read as amended after Article 29 amendments.

This part applies to ships of war.

The Cabinet Secretary may make regulations under this Part and must have regard to the Load Lines Convention; the regulations may address specified matters about surveying, freeboards, deck marking, loading limits, ship requirements, records, stability and differentiation by ship type, area, season or other circumstances.

Ships must be surveyed, marked with deck-line and load lines, comply with assignment conditions, and provide specified information; owners or masters must not attempt to proceed to sea in contravention and face fines or imprisonment.

If a ship's appropriate load line is submerged (or would be submerged in salt water with no list), loading contrary to subsection (1) occurs.

The owner or master of the ship must keep the ship so marked (failure without reasonable excuse).

Certificates: where a Kenyan ship (to which this Part applies) has been surveyed and marked under regulations made under section 263, the appropriate load line certificate shall be issued to the owner upon application; specified certificate types depend on ship class; issuance is by the Director-General or an authorised person; the Director-General may request a contracting Government to issue an International Load Line Certificate for certain Kenyan ships.

The ship shall be deemed to have been surveyed in accordance with regulations made under section 263;

Section 269 empowers extension of the original issuance period of a load line certificate within limits and circumstances prescribed by regulations, and it provides for cancelling such a certificate in circumstances prescribed by regulations.

Kenyan ships must not go to sea without the appropriate load line certificate; the ship’s master must produce that certificate to the port officer before clearance and the ship may be detained until it is produced.

Owners must frame and post the load line certificate conspicuously and keep it legible while valid and the ship is in use; masters must post and keep a specified loading-depth notice before leaving and until arrival elsewhere; failure by owner or master is an offence punishable by a fine not exceeding fifty thousand shillings, or imprisonment not exceeding four months, or both.

Section 272 — Inspection of ships

Sets which ships the section covers and allows the Director-General to issue certificates at the government's request if satisfied; enables regulations to prescribe recognition rules for certain international certificates.

Non‑Kenyan ships must meet specified survey, marking and information requirements; a valid convention certificate exempts a ship; owners or masters who send ships to sea in contravention commit an offence with fines or imprisonment; ships not surveyed or marked may be detained; ships not complying with assignment conditions are deemed unsafe.

Section 275 sets out when an "appropriate load line" on each side of a ship is submerged, applies definitions for "load line" and "appropriate load line" for ships with and without a valid convention certificate, and limits detention or proceedings unless a surveyor inspection under section 278 has occurred.

The Director-General or an authorised person may issue a Kenya Load Line Certificate to the owner of a non‑Kenyan ship surveyed and marked under section 263; the Director‑General must cancel such a certificate if he has reason to believe the ship is plying on international voyages.

Before a non-Kenyan ship to which this Part applies proceeds to sea from any port in Kenya, the master of the ship must produce the appropriate certificate to the port officer from whom a clearance is demanded.

Surveyors may inspect non-Kenyan ships and board ships to demand load line certificates while in Kenyan ports; the Director-General must release detained ships when satisfied they are fit to proceed.

Section 279 gives the Director-General power to make orders exempting certain local-trade ships (or classes of such ships) from the provisions of this Part, and any such exemption can be made subject to conditions including whether the ship is carrying cargo.

The Director-General may exempt certain Kenyan ships from provisions of this Part on application by the owner when the ship meets specified size/age criteria and embodies novel features whose development would be impeded by compliance.

When the Director-General exempts a ship under section 280, the Director-General must issue the appropriate certificate to the owner of the ship.

Section 282 provides for extending the period of an exemption or certificate, terminating or cancelling such exemptions or certificates as prescribed by regulations, and for periodical inspections and extensions of certificate periods in accordance with regulations.

Regulations made under section 263 may provide that exemption certificates issued under the Load Lines Convention by other governments for ships to which section 273 applies shall, in prescribed circumstances, have the same effect under this Part as valid convention certificates.

If a passenger ship to which this Part applies is marked with subdivision load lines and the lowest of those lines is lower than the otherwise appropriate load line, then the relevant load-line section (section 265 for Kenyan ships; section 275 for non‑Kenyan ships) operates as if that subdivision load line were the appropriate load line.

Section 285. Deck cargo Section 285(1) The Cabinet Secretary may make regulations, in this section referred to as “the Deck Cargo Regulations”, prescribing requirements to be complied with where cargo is carried in any uncovered space on

If a non‑Kenyan ship is detained or proceedings are taken under this Part against its master or owner, notice must be served promptly on the consular officer for the country to which the ship belongs or nearest to the port where the ship is located.

The Director-General may require expired or cancelled certificates issued under this Part to be surrendered; an owner or master who fails without reasonable excuse to comply commits an offence and is liable, on conviction, to a fine not exceeding one hundred thousand shillings or imprisonment for up to six months or both.

Making, assisting or procuring a false or fraudulent certificate that can be issued under this Part is an offence; upon conviction the person is liable to a fine not exceeding fifty thousand shillings, or imprisonment not exceeding four months, or both.

Certificates issued under this Part are admissible in evidence.

Defines a "Convention country" as a country whose government has been declared to have accepted or acceded to the Load Lines Convention and has not been declared to have denounced it.

Orders, rules or regulations made under this Part may include transitional, incidental or supplementary provisions if the Cabinet Secretary considers them appropriate.

Section 292. Application Section 292(1) Unless expressly provided otherwise, this Part applies to all ships to which the Safety Convention applies and to cargo ships of less than 500 gross tonnage. Section 292(2) The provisions of this

This provision is titled an Interpretation section.

Bulk cargoes must have due regard to the Code of Safe Practice for Bulk Cargoes issued by the Organisation and its amendments or replacements.

Owners, masters, or agents must take necessary and reasonable precautions to prevent loaded grain from shifting; failing to do so is an offence punishable by fine or imprisonment and the ship is deemed unsafe; surveyors may board to inspect grain.

Notice by grain ship

The Cabinet Secretary has the power to make regulations prescribing which goods carried by ship are dangerous goods and to have those regulations incorporate the IMDG Code.

Persons must not send or carry dangerous goods in a Kenyan ship except as allowed by this Part and relevant regulations; before doing so they must mark packages and give written notice to the ship's master or owner.

Anyone who contravenes the Part's provisions on dangerous goods commits an offence and is liable on conviction to a fine not exceeding five hundred thousand shillings, or imprisonment up to three years, or both.

The master or owner of a ship may refuse packages suspected to contain dangerous goods, require packages to be opened, and may throw unmarked dangerous goods overboard; they are not civilly or criminally liable for doing so.

The court may order dangerous goods and their packaging to be forfeited if they were sent or carried in a manner that would constitute an offence under this Part.

If the Director-General has reason to believe a ship in a Kenyan port is unsafe for the reasons listed in subsection (2), the ship may be detained.

The Government may pay compensation to a ship owner for detention if the owner proves there was no reasonable cause, and the Government must consider relevant international agreements when deciding amount; the Cabinet Secretary may require complainants to give security, except where the complaint is by at least one-quarter (not less than three) of the seafarers and not considered frivolous, and a complainant may be liable to repay compensation if the Government pays.

Persons committing an offence under this section face a fine up to five hundred thousand shillings, imprisonment up to six months, or both.

The section identifies unsafe vessel conditions (defective hull/equipment, overloading or improper loading, or undermanning) and states it does not affect owners' liability for loss of life or personal injury on lighters, barges or similar vessels.

Ship owners to which the section applies must take all reasonable steps to ensure the ship is operated safely; failure is an offence punishable by a fine up to 300,000 shillings, imprisonment up to six months, or both.

The Cabinet Secretary may make regulations for vessels operating in inland waters (including near coastal voyages) covering specified safety, licensing and related matters; the Cabinet Secretary must take regional agreements into consideration when making those regulations.

The Director-General must supervise all matters relating to wreck and may appoint receivers of wreck by notice in the Gazette.

The receiver is entitled to be repaid properly incurred expenses and to fees established by the Cabinet Secretary; the receiver also has the same salvage-like rights and remedies and may seize or detain property (if not under arrest in court) until payment or security is provided.

The receiver must promptly go to stranded or distressed vessels, take command on arrival, assign duties and give directions for preservation; persons must not disobey the receiver's directions or they commit an offence punishable by a fine up to two hundred thousand shillings, or imprisonment up to twelve months, or both; the receiver must not interfere between master and crew unless asked by the master.

Section 311 sets powers and requirements relating to wreck and salvage: the receiver can require persons to assist him, masters must give aid, the receiver can demand use of obtainable equipment, and the receiver may arrest and use force against those who plunder or obstruct preservation of vessels and may command nearby persons to assist.

People may cross adjoining private land to assist stranded or wrecked vessels and may deposit recovered goods, but they must not cause more damage than reasonably necessary; owners or occupiers must not obstruct them and doing so is an offence punishable by fine, imprisonment, or both.

A receiver (or a person acting under his order) who is lawfully executing duties is immune from action, suit or prosecution for death, maiming or injury caused by a resisting person, unless the receiver used more force than was reasonably necessary in the circumstances.

Section 314. Obstruction of receiver

A person who takes possession of a wreck in Kenya must, as soon as possible, deliver it to the receiver; the receiver may dispense with delivery subject to conditions he sets, and failure to comply without reasonable cause is an offence punishable by a fine not exceeding double the wreck's value and forfeiture of salvage claims.

A receiver may apply to a magistrate for a search warrant if they suspect a wreck is improperly dealt with; the magistrate may grant the warrant and the receiver may enter and search premises and vessels and seize wrecks; an informer who gives information leading to seizure is entitled to a salvage sum the receiver may allow under instructions from the Director-General.

If a receiver takes possession of a wreck and does not know its owner, the receiver must within forty eight hours post a description at the nearest customs house and transmit a similar description to the Director-General; the Director-General may publicise it.

If the receiver has a wreck and the owner proves ownership within six months and pays any customs duty and salvage fees, the owner is entitled to have the wreck or its sale proceeds delivered to them or their agent; if the wreck belongs to a foreign owner, the country's consular officer in Kenya is deemed the owner's agent in the owner's absence for custody and disposal.

A receiver in possession of wrecks may immediately sell them in specified circumstances, and must hold the sale proceeds (after customs duty and sale expenses) for the same purposes and subject to the same claims, rights and liabilities as if the wreck had remained unsold.

Sale of unclaimed wreck, deducting from the proceeds the expenses of the sale, any customs duty payable and any other expenses incurred by him

Discharge of receiver

Section 322 authorises port authorities to take charge of wreck removal operations, appoint an officer to direct refloating, gives that officer broad authority, requires shipmasters and all persons on the ship to obey and assist the officer, and makes the vessel's owner liable for excess expenses.

Removal of wreck on coast.

Sections 326 to 359 shall not apply to fixed or floating platforms or to mobile off-shore drilling units on location engaged in the exploration, exploitation or production of sea-bed mineral resources.

Sections 326–359 do not apply to warships or other non-commercial vessels owned or operated by a foreign State entitled to sovereign immunity, unless that State has decided to apply the Salvage Convention to such ships or vessels; and a certificate signed by the Secretary General of the Organization is prima facie evidence of that decision and its terms for proceedings under this Act.

Salvage for saving life has priority over other salvage claims when payable by the owners of a vessel, and no salvage is due from a person whose life has been saved.

A salvor of human life who has participated in salvage services is entitled to a fair share of the remuneration awarded for salving the vessel or other property or preventing or minimising environmental damage.

Salvage services provided despite an express and reasonable prohibition by the vessel, aircraft or the owner of the property are excluded from salvage.

A salvor is entitled to remuneration under this Part even if the salvor and the salved property belong to the same owner.

Masters and owners of Kenyan vessels have the authority to conclude salvage contracts on behalf of vessel owners and owners of property on board; sections 326–359 apply to salvage operations unless a contract provides otherwise, and this section does not affect application of section 331 or environmental duties in specified paragraphs.

Contracts entered into under undue influence or the influence of danger, whose terms are inequitable, may be annulled or modified.

A salvor must carry out the salvage operation with due care.

The owner and master must cooperate fully with him during the course of the salvage operations.

The Director-General has powers to give directions and take measures for salvage operations and environmental protection; when doing so the Director-General must consider co-operation, and public officers acting under directions must exercise due care to prevent or minimise environmental damage.

Salvage rewards are fixed based on "the salved value of the vessel and other property."

Owners of a vessel and other property interests must pay any salvage reward in proportion to their salved values; the ship owner may pay on behalf of all and retain a right to be reimbursed and may require security from other interests up to their salved values until reimbursed.

The salvage award must not exceed the salved value of the vessel and other property salved.

A salvor who prevents or minimises environmental damage and who does not earn an adequate reward is entitled to special compensation from the vessel owner equal to the salvor's expenses; that compensation may be increased (up to 30% automatically and up to a total of 100% where fair and just), but may be reduced or withheld if the salvor was negligent.

No payment is due under this Part unless the services rendered exceed what can be reasonably considered as due performance of a contract entered into before the danger giving rise to the salvage operations arose.

If salvage was conducted without a vessel and there is no formal contract, the court or person deciding apportionment must apply general principles of law and equity to reach a just and equitable decision.

If a salvor’s fault, neglect, fraud or other dishonest conduct makes the salvage necessary or more difficult, the salvor may be deprived of all or part of the payment due under this Part.

A salvor has a maritime lien under Kenyan law, but the salvor may not enforce that lien when reasonable security for the claim (including interest and costs) has been tendered or provided.

Certain persons must provide security for salvor’s claims; courts may determine the amount and terms.

The court or person adjudicating a salvor's claim may, on the salvor's application, make an interim payment order to the salvor on fair and just terms, including appropriate security.

Non-commercial State-owned cargo entitled to sovereign immunity during salvage shall not be seized, arrested or detained without the express consent of the State owner.

Humanitarian cargo donated by a State is exempt from seizure, arrest or detention if the State has agreed to pay for salvage services.

If salvage amounts are disputed and not settled, the Court determines the dispute; claimants who recover in Court no more than one million shillings generally may not recover their costs unless the Court certifies the case fit for trial. Salvors, owners or their agents may apply; the Court or arbitrators may call an assessor.

If a salvage dispute is decided by the Court or by arbitration, any party aggrieved may appeal the decision.

The receiver may appoint a valuer on application and must give copies of the valuation to both parties; the person who applied must pay any fee the Director-General directs.

The receiver must detain vessels, cargo, equipment or wrecks pending payment for salvage or court process; the receiver may release property if satisfied with security or where a salvage claim exceeds one million shillings and the court is satisfied about security; the court may enforce security over amounts exceeding one million shillings.

If detained property is sold, the receiver must use the sale proceeds to pay sale expenses, fees and salvage; any excess must be paid to the property's owners or other persons entitled to it, or if none, paid into the Treasury. The section also defines "detained property" as property detained by the receiver under section 350 and sets time conditions for sale when payment is not made or disputed.

If the total salvage payable (not exceeding one million shillings) is finally determined but claimants dispute apportionment, the person liable may apply to the receiver to pay the amount to the receiver; the receiver may accept, give a certificate as discharge, distribute amounts among entitled persons and may retain amounts for absent persons; distributions are final.

Court may apportion salvage among entitled persons, appoint someone to implement the apportionment, compel persons holding the amount to distribute or bring it into court, and must base decisions under this section on the criteria in section 335.

A salvor is entitled to be paid interest on any payment due under this Part; the court or person adjudicating the case has discretion over the amount of that interest.

When civil salvage services are rendered by or for the Government, or using Government property, the Government is entitled to claim salvage and has the same rights and remedies as any other salvor, subject to regulations under this section.

The Cabinet Secretary may make regulations to apply or modify this Part for certain ships and services.

Proceedings for salvage must be commenced within two years after the salvage operations end, but the court may extend that period; a person liable under this Part may bring an indemnity action within two years, subject to extension by the court.

The court or arbitrator is under no duty to fix a reward under sections 335, 336 and 337 up to the maximum salved value before assessing special compensation under section 338.

Where this section applies, the Cabinet Secretary may pay the salvor a sum or additional sum he deems fit for services rendered in saving life.

The Cabinet Secretary may cause a formal investigation to be held by a Board into a shipping casualty, whether or not a preliminary inquiry has been held.

Sets membership rules for a Board investigating shipping casualties; allows the Board to cancel, suspend or censure officers' certificates, requires officers to deliver cancelled/suspended certificates, creates an offence for failure with fines or imprisonment, authorizes the Director-General to re-issue or modify certificates, and allows the Board to award costs.

If the Board has cancelled or suspended a certificate or found a person at fault, the affected person (or any person with an interest who appeared and is affected) may appeal to the Court when no application for a rehearing has been made or such an application was refused.

The Cabinet Secretary may make rules for conducting inquiries under section 421, formal investigations under section 422, and rehearings under section 423 that are not held by the High Court.

Section 425 requires inquiries and reports concerning deaths and injuries connected with Kenyan ships and gives the Registrar of Seafarers or the proper officer holding the inquiry the same powers as an inspector under section 411.

Where an inquest is held into a death or a post mortem is made and the Attorney-General is satisfied that an inquest is unnecessary.

Section 360 enables regulations about passenger accommodation, passenger particulars, passenger numbers and terms for carrying passengers from or between Kenyan ports; the Cabinet Secretary must consider the 1974 Convention when making such regulations and may waive or vary their application to licensed Kenyan passenger ships operating only in Kenyan waters.

Section 361 lists conduct on or relating to passenger ships that constitute offences (subsection (1) and (2)), grants powers to ship masters/officers to detain offenders (subsection (3)), and prescribes fines and imprisonment on conviction (subsections (4) and (5)).

The master of any passenger ship may refuse to receive on board a person who, due to drunkenness or conduct, causes annoyance or injury to passengers, and may put such a person ashore at any convenient place.

Anyone who goes to sea or attempts to go to sea in a Kenyan ship without the consent of the master or other authorised person commits an offence and is liable on conviction to a fine not exceeding fifty thousand shillings, or imprisonment not exceeding one year, or both.

Presence on board the ship without the consent of the master or any other person authorised to give it is unauthorised.

The master of any Kenyan ship may put a person on board under restraint when he considers it necessary or expedient for safety or to preserve good order or discipline on the ship.

If a person goes to sea or is on board a ship without the consent of the master or other authorised person (or is conveyed under section 194(4)(b)), sections 179 and 180 (or section 179 in certain cases) apply as if that person were a seafarer employed in the ship.

Masters of ships carrying passengers to or from Kenya must provide a return with passenger totals and particulars as directed; passengers must provide information for that return and must not refuse or give false information.

Gives the Cabinet Secretary power to make regulations about births and deaths on ships; those regulations may require masters of foreign ships calling at Kenyan ports to report births or deaths of Kenyan citizens to the Director-General, may require certified copies sent to the Registrar, and may create offences punishable by a fine up to 300,000 shillings or up to two years' imprisonment.

Defines piracy-related acts (attacks against ships or aircraft, participation, incitement, and use of pirate ships or aircraft) and states that piracy by mutinied government vessels is assimilated to private piracy; limits application to aircraft on the high seas.

It is an offence to unlawfully seize or exercise control of a ship, destroy or damage a ship or its cargo, commit acts of violence aboard a ship, or place devices/substances likely to destroy or endanger the ship's safe navigation; these rules apply regardless of where the acts occur or the actor's nationality and are punishable by life imprisonment.

Makes it an offence to commit any act of piracy.

It is an offence for any person to intentionally communicate information known to be false if that communication endangers the safe navigation of a ship; a lawful employee who communicated in good faith may rely on a defence.

The master of a ship must notify and state reasons to an appropriate officer in the relevant country, and must make statements and deliver evidence about an alleged offence; failure without reasonable excuse is an offence punishable by fine or imprisonment.

This section lists the types of ships, mobile offshore units, port facilities and platforms to which the section applies.

Defines a threat of unlawful interference with maritime transport as one that is, or is likely to be, a terrorist act.

Declares 'The Authority' as the designated authority for Kenya and lists functions the Authority must perform, control measures to exercise, powers to authorise recognised security organisations, and to follow directions of the Cabinet Secretary.

A delegate exercising powers delegated under subsection (1) must comply with any directions given by the Cabinet Secretary.

Allows regulations to set fees and charges for security functions, require declarations of security and ship or port security plans, provide for identification systems and assessments, cover other necessary matters for administration, and to prescribe offences and penalties for non-compliance.

The Director-General may exempt any person, ship, or port facility from requirements in regulations under section 378 if he considers it appropriate and subject to stated conditions including international obligations, substantial prior compliance, effectiveness of alternative measures, unreasonableness of requirements, supervening events, and no significant increase in safety risk.

The Director-General must recommend extension of the section to a ship or class of ship after a security assessment; following that recommendation the Cabinet Secretary may extend the section to a ship or port facility by Gazette notice; “port facility” is defined for the section.

The Cabinet Secretary may, by regulations, require crew members on vessels calling at Kenyan ports to carry and present on demand any identification.

Certain classes of vessels are identified in Section 382 as subject to Automatic Identification System requirements, and the Cabinet Secretary has the power to exempt vessels or waive the application of those requirements where an AIS is not necessary for safe navigation.

The Authority may develop and implement a long-range automated vessel tracking system for vessels in Kenyan waters equipped with GMDSS or equivalent satellite technology, and may use existing maritime organisations to collect and monitor tracking information under the system.

This provision defines terms used in the Part, including “salvage operation”, “salvage services”, “salvor”, “ship”, “shipowner” and “Unit of Account”.

Shipowners and salvors may limit their liabilities; insurers of such liabilities are entitled to the benefit of limitation to the same extent as the assured; a person for whose act the shipowner or salvor is responsible may also limit his liability.

Certain specified categories of claims are subject to limitation of liability under Section 386.

A shipowner's liability includes liability in an action against the ship, and invoking limitation does not amount to an admission of liability.

Claims that are excepted from liability: claims for salvage under section 338 and corresponding contractual claims.

A person who is liable cannot limit their liability if the loss was caused by their personal act or omission done intentionally to cause the loss or recklessly with knowledge it would probably result.

When a person entitled to limitation of liability under this Part and the claimant have claims from the same occurrence, those claims are set off against each other; the Part applies only to any remaining balance.

Limitation amount is 166,667 special drawing rights for a ship with a tonnage not exceeding 300 tons.

Limits of liability for salvors specified in the section are to be calculated on a tonnage of 1,500 tons for the salvors described.

If the amount calculated under section 391(a) is insufficient to pay the listed claims in full, the amount calculated under section 391(b) must be used to pay the unpaid balance of those claims, and that unpaid balance ranks rateably with claims under section 391(b).

For this Part, a ship's tonnage is defined as her gross tonnage calculated under the Act's Tonnage Regulations.