Merchant Shipping Act
Part 2 of 3 · provisions 201–400
The Act may be cited as the Merchant Shipping Act.
- Jurisdiction
- Kenya
- Instrument
- Act or statute
- Citation
- Cap. 389
- Version
- 11 Dec 2023
- Language
- en
- Official source
- View official record ↗
- Complete work
- View statute overview
Source attribution: Source: Kenya Law
Statute overview
About this statute
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".
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Provisions of Merchant Shipping Act
Showing 200 of 454
Part VII
ENGAGEMENT AND WELFARE OF SEAFARERS
- 169 Verify source ↗
ENGAGEMENT AND WELFARE OF SEAFARERS - 169. Applications of sections 170 to 174
Applications of sections 170 to 174.
Section 169. Applications of sections 170 to 174 Section between places in Kenya; or - 170 Verify source ↗
ENGAGEMENT AND WELFARE OF SEAFARERS - 170. Manning regulations
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.
Section 170. Manning regulations Section 170(1)(a) requiring ships to which this section applies to carry such number of qualified officers of any description, qualified doctors and qualified cooks and such number of other seafarers or qualified seafarers of any description as may be specified in the regulations; Section 170(1)(b) prescribing or enabling the Cabinet Secretary to specify standards of competence to be attained and other conditions to be satisfied, subject to such exceptions as may be allowed by or under the regulations, by officers and other seafarers of any description in order to be qualified for the purposes of this section; Section 170(1)(c) prescribing medical fitness requirements for seafarers. Section 170(2) In making regulations under this section, the Cabinet Secretary shall have due regard to the STCW Convention. Section 170(3) The Cabinet Secretary shall not exercise his power to make regulations requiring ships to carry seafarers other than doctors and cooks except to the extent that it appears to him necessary or expedient in the interests of safety. Section 170(4) Regulations under this section may make different provisions for different descriptions of ship or for ships of the same description in different circumstances. Section 170(5)(a) the manner in which the attainment of any standard or the satisfaction of any other condition is to be evidenced; Section 170(5)(b) the conduct of any examinations, the conditions for admission to them and the appointment and remuneration of examiners; Section 170(5)(c) the issue, form and recording of certificates and other documents, Section 170(6) Where a person makes a statement which he knows to be false or recklessly makes a statement which is false in a material particular for the purpose of obtaining for himself or another person a certificate or other document which may be issued under this section, he commits an offence and shall be liable, upon conviction, to a fine not exceeding two hundred and fifty thousand shillings, or to imprisonment for a term not exceeding fifteen months, or to both such fine and imprisonment. - 171 Verify source ↗
ENGAGEMENT AND WELFARE OF SEAFARERS - 171. Exemption from manning regulations
The Director-General may exempt any ship or description of ship from requirements of regulations made under section 170.
Section 171. Exemption from manning regulations Section 171(1) The Director-General may exempt any ship or description of ship from any requirements of regulations made under section 170. Section 171(2) An exemption given under this section may be confined to a particular period or to one or more particular voyages. - 172 Verify source ↗
ENGAGEMENT AND WELFARE OF SEAFARERS - 172. Prohibition on under-manning
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.
Section 172. Prohibition on under-manning Section 172(1) Subject to section 171, if a ship to which this section applies goes to sea or attempts to go to sea without carrying such officers and other seafarers as it is required to carry under section 170, the owner or master commits an offence and shall be liable, upon conviction, to a fine not exceeding one hundred thousand shillings, or to imprisonment for a term not exceeding six months, or to both such fine and imprisonment. Section 172(2) This section shall, in its application to ships which are not sea-going ships, have effect as if the words “goes to sea” or “attempts to go to sea” were substituted with the words “goes on a voyage or excursion or attempts to do so”, and the words “if in Kenya” were omitted. - 173 Verify source ↗
ENGAGEMENT AND WELFARE OF SEAFARERS - 173. Production of documents on qualifications
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.
Section 173. Production of documents on qualifications Section 173(1) Any person serving or engaged to serve in any ship to which this section applies and holding any certificate or other document which is evidence that he is qualified for the purposes of section 170 shall on demand produce it to the Director-General, any surveyor of ships or proper officer and, if he is not himself the master, to the master of the ship. Section 173(2) Where, without reasonable excuse, a person fails to comply with subsection (1), he commits an offence and shall be liable, upon conviction, to a fine not exceeding fifty thousand shillings, or to imprisonment for a term not exceeding four months, or to both such fine and imprisonment. - 174 Verify source ↗
ENGAGEMENT AND WELFARE OF SEAFARERS - 174. Crew’s knowledge of English
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.
Section 174. Crew’s knowledge of English Section 174(1)(a) if the Director-General or proper officer has informed the master of that opinion, the ship shall not go to sea; and Section 174(1)(b) if the ship is in Kenya, it may be detained. Section 174(2) Where a ship goes to sea or attempts to go to sea in contravention of this section, the owner or master thereof commits an offence and shall be liable, upon conviction, to a fine not exceeding one hundred thousand shillings, or to imprisonment for a term not exceeding six months, or to both such fine and imprisonment. - 175 Verify source ↗
ENGAGEMENT AND WELFARE OF SEAFARERS - 175. Unqualified seafarers going to sea
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.
Section 175. Unqualified seafarers going to sea Section 175(1) Where a person goes to sea as a qualified officer or seafarer of any description without being such a qualified officer or seafarer, he commits an offence and shall be liable, upon conviction, to a fine not exceeding one hundred thousand shillings, or to imprisonment for a term not exceeding six months, or to both such fine and imprisonment. Section 175(2) In this section, “qualified” means qualified for purposes of section 170. - 176 Verify source ↗
ENGAGEMENT AND WELFARE OF SEAFARERS - 176. Certificates of competence
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.
Section 176. Certificates of competence Section 176(1) The Director-General may issue and record documents certifying the attainment of any standard of competence relating to ships or their operation, notwithstanding that the standard is not among those prescribed or specified under section 170(1)(b), and the Cabinet Secretary may, in relation thereto, make regulations for purposes corresponding to those mentioned in section 170(5). Section 176(2) Where a person makes a statement which he knows to be false, or recklessly makes a statement which is false in a material particular, for purposes of obtaining for himself or another person a document which may be issued under this section, such a person commits an offence and shall be liable, upon conviction, to a fine not exceeding one hundred and fifty thousand shillings, or to imprisonment for a term not exceeding nine months, or to both such fine and imprisonment. - 177 Verify source ↗
ENGAGEMENT AND WELFARE OF SEAFARERS - 177. Employment of children
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.
Section 177. Employment of children Section 177(1) A child shall not be employed in any Kenyan ship except as permitted by regulations under this section. Section 177(2) The Cabinet Secretary may make regulations prescribing circumstances in which, and conditions subject to which, children may be employed in a ship in such capacities as may be specified. Section 177(3) Regulations made for purposes of this section may make different provisions for different employments and different descriptions of ship and any other different circumstances. Section 177(4) Where any person is employed in a ship in contravention of this section, or if any condition subject to which a person may be employed under, regulations made for the purposes of this section is not complied with, the owner or master commits an offence and shall be liable, upon conviction, to a fine not exceeding one hundred and fifty thousand shillings, or to imprisonment for a term not exceeding nine months, or to both such fine and imprisonment. - 178 Verify source ↗
ENGAGEMENT AND WELFARE OF SEAFARERS - 178. Financial assistance
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.
Section 178. Financial assistance Section 178(1) The Cabinet Secretary may give any person, or body of persons of any description determined by him for the purposes of this section, financial assistance in respect of expenses incurred or to be incurred by any such person or body in connection with the training of officers and ratings for service in merchant ships, including expenses incurred or to be incurred by any such person in connection with his undergoing any such training. Section 178(2) Assistance under this section may be given by way of a grant or a loan or otherwise, and in giving any such assistance, the Cabinet Secretary may impose such conditions as he thinks fit, including conditions requiring a grant to be repaid in specified circumstances. Section 178(3) This section is without prejudice to any other power of the Cabinet Secretary to give financial assistance in connection with any such training as is mentioned in subsection (1). - 179 Verify source ↗
ENGAGEMENT AND WELFARE OF SEAFARERS - 179. Conduct endangering ships, persons, etc.
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.
Section 179. Conduct endangering ships, persons, etc. Section 179(1)(a) the master of, or any seafarer employed in, a Kenyan ship; and Section 179(1)(b) is a foreign ship; and Section 179(1)(b)(i) is a foreign ship; and Section 179(1)(b)(ii) is in a port in Kenya or within Kenyan waters while proceeding to or from any such port. Section 179(2)(a) the loss or destruction of or serious damage to the ship or its machinery, navigational equipment or safety equipment; Section 179(2)(a)(i) the loss or destruction of or serious damage to the ship or its machinery, navigational equipment or safety equipment; Section 179(2)(a)(ii) the loss or destruction of or serious damage to any other ship or any structure; or Section 179(2)(a)(iii) the death of or serious injury to any person; Section 179(2)(b) to preserve the ship or its machinery, navigational equipment or safety equipment from being lost, destroyed or seriously damaged; Section 179(2)(b)(i) to preserve the ship or its machinery, navigational equipment or safety equipment from being lost, destroyed or seriously damaged; Section 179(2)(b)(ii) to preserve any person on board the ship from death or serious injury; or Section 179(2)(b)(iii) to prevent the ship from causing the loss or destruction of, or serious damage to, any other ship or any structure, or the death of or serious injury to any person not on board his ship, Section 179(3)(a) that the act or omission was deliberate or amounted to a breach or neglect of duty; or Section 179(3)(b) that the master or seafarer in question was under the influence of drink or a drug at the time of the act or omission. Section 179(4)(a) discharges any of his duties, or performs any other function in relation to the operation of a ship or its machinery or equipment, in such a manner as to cause, or to be likely to cause, any such loss, destruction, death or injury as is mentioned in subsection (2)(a); or Section 179(4)(b) fails to discharge my of his duties, or to perform any such function, properly to such an extent as to cause, or to be likely to cause, any of those things, Section 179(5) A person who commits an offence under this section shall be, liable upon conviction, to imprisonment for a term not exceeding two years, or to a fine not exceeding one hundred and fifty thousand shillings, or both. Section 179(6)(a) in the case of an offence under subsection (2) where the act or omission alleged against the accused constituted a breach or neglect of duty, that the accused took all reasonable steps to discharge that duty; Section 179(6)(b) in the case of an offence under subsection (2) that at the time of the act or omission alleged against the accused, he was under the influence of a drug taken by him for medical purposes and either that he took it on medical advice and complied with any directions given as part of that advice or that he had no reason to believe that the drug might have the influence it had; Section 179(6)(c) in the case of an offence under subsection (4), that the accused took all reasonable precautions and exercised all due diligence to avoid committing the offence; Section 179(6)(d) that he could have avoided committing the offence only by disobeying a lawful command; or Section 179(6)(d)(i) that he could have avoided committing the offence only by disobeying a lawful command; or Section 179(6)(d)(ii) that in all the circumstances the loss, destruction, damage, death or injury in question, or, as the case may be, the likelihood of its being caused, either could not reasonably have been foreseen by the accused or could not reasonably have been avoided by him. Section 179(7) In the application of this section to any person falling within subsection (1)(b), subsections (2) and (4) shall have effect as if subsection (2)(a)(i) and (b)(i) were omitted. Section 179(8)(a) in relation to a master or seafarer, means any duty falling to be discharged by him in his capacity as such; Section 179(8)(b) in relation to a master, includes his duty with respect to the good management of his ship and his duty with respect to the safety of operation of his ship, its machinery and equipment; and - 180 Verify source ↗
ENGAGEMENT AND WELFARE OF SEAFARERS - 180. Concerted disobedience and neglect of duty
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.
Section 180. Concerted disobedience and neglect of duty Section 180(1)(a) to disobey lawful commands which are required to be obeyed at a time while the ship is at sea; Section 180(1)(b) to neglect any duty which is required to be discharged at such a time; Section 180(1)(c) to impede, at such a time, the progress of a voyage or the navigation of the ship, Section 180(2) A seafarer who commits an offence under subsection (1) shall be liable, upon conviction, to imprisonment for a term not exceeding two years, or to a fine not exceeding fifty thousand shillings, or both. Section 180(3) For purposes of this section, a ship shall be treated as being at sea at any time when it is not securely moored in a safe berth. - 181 Verify source ↗
ENGAGEMENT AND WELFARE OF SEAFARERS - 181. Disciplinary regulations
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 181. Disciplinary regulations Section 181(1) The Cabinet Secretary may make regulations under this section for purposes of maintaining discipline on board Kenyan ships; and in this section, “disciplinary body” means a body established or approved by the Cabinet Secretary under subsection (6). Section 181(2) Regulations may provide for the hearing on shore in Kenya, by a disciplinary body, of a complaint by the master or owner of a Kenyan ship, other than a fishing vessel, against a seafarer alleging that during his employment on board the ship, the seafarer contravened the regulations made under this section. Section 181(3)(a) to dismiss the complaint if it finds the allegation not proved; or Section 181(3)(b) to warn the seafarer; Section 181(3)(b)(i) to warn the seafarer; Section 181(3)(b)(ii) to reprimand the seafarer; or Section 181(3)(b)(iii) to recommend to the Director-General that the seafarer shall, either for a period specified in the recommendation or permanently, cease to be entitled to a discharge book in pursuance of section 201 and shall be required to surrender any such discharge books which has been issued to him. Section 181(4)(a) make provision for the establishment or approval for the purposes of this section of such number of bodies as the Cabinet Secretary thinks fit and with respect to the composition, jurisdiction and procedure of any such body; Section 181(4)(b) make provision for the payment, of such remuneration and allowances as the Cabinet Secretary may determine to any member of such a body; Section 181(4)(c) make different provisions for different circumstances and may contain such incidental and supplemental provisions as the Cabinet Secretary may consider appropriate. Section 181(5) Without prejudice to the generality of the preceding provisions, regulations may include provision for any proceedings to take place notwithstanding the absence of the seafarer to whom they relate. Section 181(6) Nothing in the regulations or done in pursuance of the regulations shall be construed as affecting any power to institute, prosecute, entertain or determine proceedings, including criminal proceedings, under any other enactment or at common law. - 182 Verify source ↗
ENGAGEMENT AND WELFARE OF SEAFARERS - 182. Inquiry into fitness or conduct of officer
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).
Section 182. Inquiry into fitness or conduct of officer Section 182(1)(a) is unfit to discharge his duties, whether by reason of incompetence or misconduct or for any other reason; Section 182(1)(b) has been seriously negligent in the discharge of his duties; Section 182(1)(c) has failed to comply with the provisions of section 208, Section 182(2) Where a certificate issued to an officer has been suspended under subsection (1) the suspension may, on the application of the officer, be terminated by the Court, and the decision of the Court on such an application shall be final. Section 182(3) An inquiry under this section shall be conducted in accordance with rules made under section 186(1) and those rules shall require the persons holding the inquiry to hold it with the assistance of one or more assessors. Section 182(4)(a) may, if satisfied of any of the matters mentioned in subsection (1)(a) to (c), cancel or suspend any certificate issued to him under section 170 or censure him; Section 182(4)(b) may make such order with regard to the costs of the inquiry as he deems just; and Section 182(4)(c) shall make a report on the case to the Director-General, Section 182(5) Any costs which a person is ordered to pay under subsection (4)(b) may be recovered from him by the Director-General. - 183 Verify source ↗
ENGAGEMENT AND WELFARE OF SEAFARERS - 183. Disqualification of certificate holder
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.
Section 183. Disqualification of certificate holder Section 183(1) Where it appears to the Director-General that a person who is the holder of a certificate to which this section applies is unfit to be the holder of such a certificate, whether by reason of incompetence or misconduct or for any other reason, the Director-General may give him notice in writing that he is considering the suspension or cancellation of the certificate. Section 183(2) The notice shall state the reasons why it appears to the Director-General that the person is unfit to be the holder of such a certificate and shall state that within a period specified in the notice, or such longer period as the Director-General may allow, he may make written or oral representations to the Director-General. Section 183(3) After considering any representations made in accordance with subsection (2), the Director-General shall decide whether or not to suspend or cancel the certificate and shall give the holder thereof a notice in writing of his decision. Section 183(4) Where the Director-General suspends or cancels the certificate, the notice shall state the date from which the cancellation is to take effect, or the date from which and the period for which the suspension is to take effect, and shall require the holder to deliver the certificate to the Director-General not later than the date so specified unless, before that date, the holder has required the case to be dealt with by an inquiry under section 184. Section 183(5) Where, before the date specified in the notice, the holder requires the case to be dealt with by such an inquiry, then, unless he withdraws the requirement, the suspension or cancellation shall not take effect except as ordered in pursuance of the inquiry. Section 183(6) The Cabinet Secretary may make regulations prescribing the procedure to be followed with respect to the making and consideration of representations in pursuance of this section, the form of any notice to be given under this section and the period to be specified in any such notice as the period within which any steps are to be taken. Section 183(7) This section applies to every certificate issued under section 176, and to any certificate issued under section 170, other than one certifying that a person is qualified as an officer. - 184 Verify source ↗
ENGAGEMENT AND WELFARE OF SEAFARERS - 184. Inquiry pursuant to section 183
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).
Section 184. Inquiry pursuant to section 183 Section 184(1) Where a person has, before the date mentioned in section 183(4), required his case to be dealt with by an inquiry under this section, the Director-General shall cause an inquiry to be held by one or more persons appointed by him. Section 184(2) An inquiry under this section shall be conducted in accordance with rules made under section 186(1), and such an inquiry shall be held with the assistance of one or more assessors. Section 184(3)(a) may confirm the decision of the Director-General and cancel or suspend the certificate accordingly; Section 184(3)(b) may, where the decision was to cancel the certificate, suspend it instead; Section 184(3)(c) may, where the decision was to suspend the certificate, suspend it for a different period; Section 184(3)(d) may, instead of confirming the decision of the Director-General, censure the holder of the certificate or take no further action; Section 184(3)(e) may make such order with regard to the costs of the inquiry as they think just; Section 184(3)(f) shall make a report on the case to the Cabinet Secretary, Section 184(4) Any costs which a person is ordered to pay under subsection (3)(e) may be recovered from him by the Director-General. - 185 Verify source ↗
ENGAGEMENT AND WELFARE OF SEAFARERS - 185. Re-hearing and appeal from inquiry
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.
Section 185. Re-hearing and appeal from inquiry Section 185(1)(a) if new and important evidence which could not be produced at the inquiry has been discovered; or Section 185(1)(b) if there appear to the Cabinet Secretary to be other grounds for suspecting that a miscarriage of justice may have occurred. Section 185(2) An order under subsection (1) may provide for the rehearing to be done by the Court. Section 185(3) Where a person holding an inquiry has decided to cancel or suspend the certificate of any person, or has found such person at fault, then, if no application for an order under subsection (1) has been made or such an application has been refused, that person or any other person who, having an interest in the inquiry, has appeared at the hearing and is affected by the decision or finding, may appeal to the Court. - 186 Verify source ↗
ENGAGEMENT AND WELFARE OF SEAFARERS - 186. Rules for conduct of inquiry
The Cabinet Secretary may make rules for conducting inquiries under sections 182 and 184 and for re-hearings and appeals under section 185.
Section 186. Rules for conduct of inquiry Section 186(1) The Cabinet Secretary may make rules for the conduct of inquiries under sections 182 and 184, and for conduct of re-hearings and appeals under section 185. Section 186(2) Without prejudice to the generality of subsection (1), rules made under this section may provide for the appointment and summoning of assessors, the manner in which any facts may be proved, the persons allowed to appear, and the notices to be given to persons affected. Section 186(3) Rules on re-hearings by the Court under section 185, or of appeals to the Court, may require the Court, subject to such exceptions, if any, as may be allowed by the rules, to hold such a re-hearing or hear such an appeal with the assistance of one or more assessors. - 187 Verify source ↗
ENGAGEMENT AND WELFARE OF SEAFARERS - 187. Failure to deliver cancelled or suspended certificate
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.
Section 187. Failure to deliver cancelled or suspended certificate Section Where a person fails to deliver a certificate as required under section 182, 183 or 184, he commits an offence and shall be liable, upon conviction, to a fine not exceeding one hundred and fifty thousand shillings or to imprisonment for a term not exceeding nine months or to both such fine and imprisonment. - 188 Verify source ↗
ENGAGEMENT AND WELFARE OF SEAFARERS - 188. Re-issuing of certificate
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.
Section 188. Re-issuing of certificate Section Where a certificate has been cancelled or suspended under section 182, 183, 184, or 185, the Director-General, if of the opinion that the justice of the case requires it, may re-issue the certificate or, as the case may be, reduce the period of suspension and return the certificate, or may grant a new certificate of the same or a lower grade in place of the cancelled or suspended certificate. - 189 Verify source ↗
ENGAGEMENT AND WELFARE OF SEAFARERS - 189. Summoning witness to inquiry
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.
Section 189. Summoning witness to inquiry Section 189(1)(a) by summons, require any person to attend, at a time and place stated in the summons, to give evidence or to produce any documents in his custody or under his control which relate to any matter in question at the inquiry; and Section 189(1)(b) take evidence on oath (and for that purpose administer oaths) or, instead of administering an oath, require the person examined to make a solemn affirmation. Section 189(2)(a) the person in question is likely to be able to give material evidence or produce any document which relates to any matter in question at the inquiry; Section 189(2)(a)(i) the person in question is likely to be able to give material evidence or produce any document which relates to any matter in question at the inquiry; Section 189(2)(a)(ii) he has been duly served with the summons; and Section 189(2)(a)(iii) a reasonable sum has been paid or tendered to him for costs and expenses; and Section 189(2)(b) it appears to him that there is no just excuse for the failure, - 190 Verify source ↗
ENGAGEMENT AND WELFARE OF SEAFARERS - 190. Refusal to give evidence at inquiry
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.
Section 190. Refusal to give evidence at inquiry Section 190(1)(a) commit him to custody until the end of such period, not exceeding one month, as may be specified in the warrant or until he gives evidence or produces the document, whichever occurs first; or Section 190(1)(b) impose on him a fine not exceeding twenty five thousand shillings, or to imprisonment for a term not exceeding three months, or to both such fine and imprisonment. Section 190(2) A fine imposed under subsection (1)(b) shall be treated, for purposes of its collection, enforcement and remission, as having been imposed by the Court, and the person holding the inquiry shall, as soon as practicable after imposing the fine, give particulars of it to the Registrar of Court. - 191 Verify source ↗
ENGAGEMENT AND WELFARE OF SEAFARERS - 191. Liability for absence without leave
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.
Section 191. Liability for absence without leave Section 191(1) This section shall apply to a seafarer employed in a Kenyan ship who is absent from the ship at a time when he is required under his contract of employment to be on board. Section 191(2) Where a seafarer proves that his absence from a ship was due to an accident or mistake or some other cause beyond his control, and that he took all reasonable precautions to avoid being absent, his absence shall not be treated as a breach of contract. Section 191(3)(a) if no special damages are claimed as a result of his absence, his liability shall be two thousand shillings; Section 191(3)(b) if special damages are claimed as a result of such absence, his liability shall not be more than ten thousand shillings. - 192 Verify source ↗
ENGAGEMENT AND WELFARE OF SEAFARERS - 192. Liability for smuggling
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.
Section 192. Liability for smuggling Section Where a seafarer employed in a Kenyan ship is found in civil proceedings before a court in Kenya to have committed an act of smuggling, whether within or outside Kenya, he shall be liable to make good any loss or expense that the act has caused to any other person. - 193 Verify source ↗
ENGAGEMENT AND WELFARE OF SEAFARERS - 193. Liability for fines under immigration laws
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.
Section 193. Liability for fines under immigration laws Section 193(1) This section shall apply where, at a time when a Kenyan ship is in the internal waters or territorial seas of a foreign country, a seafarer employed in the ship is absent without leave and present in that country in contravention of that country’s laws. Section 193(2) Where, by reason of the contravention mentioned in subsection (1), a penalty is incurred under the laws of a foreign country by the persons employing the seafarer, the penalty shall be treated as being attributable to the seafarer’s absence without leave and may, subject to the provisions of section 121, be recovered from him as special damages for breach of contract. Section 193(3) Where, by reason of such contravention, a penalty is incurred under those laws by any other person the amount whereof does not exceed ten thousand shillings, or, if the amount exceeds ten thousand shillings, then an amount of ten thousand shillings may be recovered by him from the seafarer. - 194 Verify source ↗
ENGAGEMENT AND WELFARE OF SEAFARERS - 194. Seafarer left behind or shipwrecked
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.
Section 194. Seafarer left behind or shipwrecked Section 194(1)(a) a person employed as a seafarer in a Kenyan ship is left behind in a foreign country or is taken to such a country on being shipwrecked; or Section 194(1)(b) a person who became so employed under an agreement entered into in a foreign country is left behind in Kenya or is taken to Kenya on being shipwrecked, Section 194(2) The provisions to be so made may include the repayment of expenses incurred in bringing a shipwrecked seafarer ashore, maintaining him until he is brought ashore, and the payment of expenses of burial or cremation of a seafarer who dies before he can be returned. Section 194(3)(a) providing for the manner in which wages due to any seafarer left behind or taken to a foreign country as mentioned in subsection (1), and any property of his left on board a ship, are to be dealt with; Section 194(3)(b) requiring the Registrar of Seafarers or proper officer to make such provision as may be prescribed. Section 194(4)(a) determining the place to which a seafarer is to be returned; Section 194(4)(b) requiring the master of any Kenyan ship to convey a person to a place determined in accordance with the regulations and for enabling the Director-General or proper officer to give the master directions for that purpose; Section 194(4)(c) the making of payments in respect of the conveyance of a seafarer in accordance with the regulations; Section 194(4)(d) the keeping of records and the rendering of accounts. Section 194(5) Regulations made under this section may make a contravention of any provision thereof an offence. Section 194(6) This section applies to a seafarer left behind on being discharged in accordance with section 125, whether or not at the time he is left behind the ship is still a Kenyan ship. - 195 Verify source ↗
ENGAGEMENT AND WELFARE OF SEAFARERS - 195. Limit of employer’s liability under section 194
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.
Section 195. Limit of employer’s liability under section 194 Section Where a seafarer left behind in a foreign country or taken to Kenya, in accordance with section 194(1), remain there after the expiry of a period of three months from the time he was left behind in such country or taken to Kenya, the person who last employed him as a seafarer shall not be liable to make provision for his return or for any matter arising after the end of that period, unless they have, before the end of that period, been under an obligation imposed on them by regulations under section 194 to make provision with respect to him. - 196 Verify source ↗
ENGAGEMENT AND WELFARE OF SEAFARERS - 196. Recovery of expenses from employer
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.
Section 196. Recovery of expenses from employer Section if the expenses are incurred by the Cabinet Secretary, or are incurred by the government of a foreign country, and repaid to the employer on behalf of the Government, the Cabinet Secretary may recover them from the employer; - 197 Verify source ↗
ENGAGEMENT AND WELFARE OF SEAFARERS - 197. Recovery of expenses from seafarer
Recovery of expenses may be made from a seafarer.
Section 197. Recovery of expenses from seafarer - 198 Verify source ↗
ENGAGEMENT AND WELFARE OF SEAFARERS - 198. Official and other log books
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 198. Official and other log books Section 198(1) Except as may be provided by regulations made under this section, an official log book in a form prescribed by the Director-General shall be kept in every Kenyan ship and shall be in English. Section 198(2) The Cabinet Secretary may make regulations prescribing the particulars to be entered in an official log book, the person by whom such entries are to be entered, signed or witnessed, and the procedure to be followed in the making of such entries and in their amendment or cancellation. Section 198(3) The regulations may require the production or delivery of an official log book to such persons, in such circumstances and within such times as may be specified therein. Section 198(4) Regulations made under this section may exempt ships of any description from any requirements thereof, either generally or in such circumstances as may be specified therein. Section 198(5) Regulations made under this section may make a contravention of any provision thereof an offence. Section 198(6) All Kenyan ships shall, in addition to the official log book, carry on board a deck log book and an engine room log book, in which shall be recorded particulars relating to the deck watch and the engine room watch, respectively. Section 198(7) Subject to subsection (8), entries in the deck log book and engine room log book shall be made in English, except where all persons making entries in those log books have a common language other than English, in which case the entries may be made in that common language. Section 198(8) The Director-General may require a log book, or an extract thereof, written in a language other than English, to be translated officially into English. Section 198(9) All log books referred to in this section shall be admissible in evidence. Section 198(10) A person who, intentionally, destroys, mutilates or renders illegible an entry in any log book commits an offence and shall be liable, upon conviction, to a fine not exceeding two hundred thousand shillings, or to imprisonment for a term not exceeding twelve months, or to both such fine and imprisonment. - 199 Verify source ↗
ENGAGEMENT AND WELFARE OF SEAFARERS - 199. Crew list
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
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 199(2)(a) specifying the particulars to be entered in a list of the crew; Section 199(2)(b) limiting the time for which a list of the crew may remain in force; Section 199(2)(c) providing for the maintenance by such persons and either in such place as may be specified in the regulations or, if it is so specified, in the ship, of a copy or copies of each list of a crew and for the notification to such persons of any changes therein; Section 199(2)(d) for the production of a list of the crew to such persons, in such circumstances and within such time as may be specified in the regulations; Section 199(2)(e) for the delivery to the Director-General, proper officer or the Registrar of Ships, in such circumstances as may be specified in the regulations, of a list of the crew or a copy thereof maintained under the regulations and for the notification to him of any changes in such a list. Section 199(3) Regulations under this section may enable a list of the crew to be contained in the same document as a crew agreement and may treat any particulars entered in the crew agreement as forming part of the particulars entered in the list. Section 199(4) Regulations under this section may exempt from the requirements thereof such descriptions of ship as may be specified in the regulations and may make different provisions for different circumstances. Section 199(5) Regulations under this section may make a contravention of any provision thereof an offence. - 200 Verify source ↗
ENGAGEMENT AND WELFARE OF SEAFARERS - 200. Seafarer’s identity document
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 200. Seafarer’s identity document Section 200(1)(a) for the issue to Kenyan seafarers of cards (in this section referred to as “Kenyan seafarer’s identity document”) in such form and containing such particulars with respect to the holders thereof and such other particulars as may be prescribed by the regulations, and for requiring Kenyan seafarers to apply for such cards; Section 200(1)(b) for requiring the holders of Kenyan seafarer’s identity document to produce them to such persons and in such circumstances as may be prescribed by the regulations; Section 200(1)(c) for the surrender of Kenyan seafarer’s identity document in such circumstances as may be prescribed by the regulations; Section 200(1)(d) for any incidental or supplementary matters for which the Cabinet Secretary thinks it expedient for the purposes of the regulations to provide, Section 200(2) Regulations made under this section may make a contravention of any provision thereof an offence. Section 200(3) A person who makes a statement which he knows to be false, or recklessly makes a statement which is false in a material particular, for purposes of obtaining for himself or another person a Kenyan seafarer’s identity document, commits an offence and shall be liable, upon conviction, to a fine not exceeding fifty thousand shillings, or to imprisonment for a term not exceeding four months, or to both such fine and imprisonment. - 201 Verify source ↗
ENGAGEMENT AND WELFARE OF SEAFARERS - 201. Discharge books
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.
Section 201. Discharge books Section 201(1)(a) for the issue to persons who are, or have been, employed in Kenyan ships of discharge books in such form and containing such particulars with respect to the holders thereof, and such other particulars as may be prescribed, and for requiring such persons to apply for such discharge books; Section 201(1)(b) for requiring the holders of discharge books to produce them to such persons and in such circumstances as may be prescribed; Section 201(1)(c) for the surrender of discharge books in such circumstances as may be prescribed; Section 201(1)(d) for any incidental or supplementary matters for which the Cabinet Secretary deems it expedient to provide, Section 201(2)(a) a person to cease to be entitled to a discharge book in consequence of a recommendation made by a disciplinary body by virtue of regulations made under section 181(3); and Section 201(2)(b) the re-issue of discharge books which have been surrendered in consequence of such a recommendation. Section 201(3) Regulations made under this section may make a contravention of any provision thereof an offence. Section 201(4)(a) obtains employment as a seafarer on board a Kenyan ship, and does so when he is disentitled to a discharge book by virtue of regulations made under subsection (2)(a); or Section 201(4)(b) employs as a seafarer a person who he knows or has reason to suspect is disentitled as aforesaid, - 202 Verify source ↗
ENGAGEMENT AND WELFARE OF SEAFARERS - 202. Handing over of documents by master
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.
Section 202. Handing over of documents by master Section 202(1) Where a person ceases to be a master of a Kenyan ship during a voyage, he shall deliver to his successor documents relating to the ship or its crew which are in his custody. Section 202(2) Where, without reasonable excuse, the master of such ship fails to comply with subsection (1), he commits an offence and shall be liable, upon conviction, to a fine not exceeding one hundred and fifty thousand shillings, or to imprisonment for a term not exceeding nine months, or to both such fine and imprisonment.
Part VIII
SAFETY OF NAVIGATION AND PREVENTION OF COLLISION
- 203 Verify source ↗
SAFETY OF NAVIGATION AND PREVENTION OF COLLISION - 203. Collision Regulations
Regulation for the prevention of collisions at sea.
Section 203. Collision Regulations Section for the prevention of collisions at sea; - 204 Verify source ↗
SAFETY OF NAVIGATION AND PREVENTION OF COLLISION - 204. Ships to comply with Collision Regulations
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.
Section 204. Ships to comply with Collision Regulations Section 204(1) Every owner and master of a Kenyan ship shall comply with the Collision Regulations, and shall not carry or exhibit any other lights or use any fog signals other than such as may be prescribed. Section 204(2) Where an infringement of the Collision Regulations is caused by the wilful default of the master or owner of a ship, such a master or owner commits an offence and shall be liable, upon conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding five hundred thousand shillings, or both. Section 204(3) Subsections (1) and (2) shall apply to owners and pilots of seaplanes on the surface of water as they apply to owners and masters of ships. - 205 Verify source ↗
SAFETY OF NAVIGATION AND PREVENTION OF COLLISION - 205. Foreign ships in Kenyan waters
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.
Section 205. Foreign ships in Kenyan waters Section The Collision Regulations shall apply to all foreign ships and seaplanes in Kenyan waters, and in any case before the Court in Kenya concerning a breach of the Collision Regulations arising in Kenyan waters, foreign ships and seaplanes shall be treated as if they were Kenyan ships and seaplanes registered in Kenya. - 206 Verify source ↗
SAFETY OF NAVIGATION AND PREVENTION OF COLLISION - 206. Liability for collision damage
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).
Section 206. Liability for collision damage Section 206(1) Liability for collision damage, including damage to vessels, their cargoes, the effects or other property of the crew, passengers or other persons on board, or to third parties, shall be apportioned according to the degree of fault of each ship involved in a collision. Section 206(2) Where it is not possible to determine the degree of fault of each vessel, or if it appears that the faults are equal, liability shall be apportioned equally. Section 206(3) There shall be no presumption of fault against a ship, for contravening the Collision Regulations, without proof of fault or negligence. Section 206(4) Where collision is accidental or caused by force majeure , or if the cause is left in doubt, damages shall be borne by those who have suffered them, notwithstanding that the vessels, or any one of them, may have been at anchor, or was otherwise made fast, at the time of the collision. Section 206(5) Where collision is caused by the fault of one of the vessels, liability to make good the damages shall attach to the vessel which has committed the fault. Section 206(6) In respect of damages occasioned by death or personal injuries, the vessels in fault shall be jointly and severally liable to third parties, without prejudice, however, to the right of the vessel which has paid a larger part than that which, in accordance with the provisions of subsections (1) and (2), she ought ultimately to bear, to obtain a contribution from the other vessel or vessels at fault. Section 206(7) Collision liability shall attach in accordance with this section in cases where the collision may be caused by the fault of a pilot whether or not the pilot is carried by compulsion of law. Section 206(8) The right of action for the recovery of damages resulting from a collision is not conditional upon the entering of a protest or the fulfilment of any other special formality. Section 206(9) Where no collision has actually taken place, liability for damage to the vessels involved in the incident, or to goods or persons on board the vessels, resulting from the execution or non-execution of a manoeuvre or a contravention of the Collision Regulations, shall be determined in accordance with this section. - 207 Verify source ↗
SAFETY OF NAVIGATION AND PREVENTION OF COLLISION - 207. Inspection to enforce compliance with Collision Regulations
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.
Section 207. Inspection to enforce compliance with Collision Regulations Section A surveyor or inspector may inspect a ship of any nationality in a port in Kenya to determine whether the ship is properly provided with lights and shapes and the means of making sound signals as required by the Collision Regulations; and if the surveyor or inspector finds that the ship is not so provided, he shall specify in writing the action required to rectify the deficiency and shall detain the ship until such deficiency is rectified to his satisfaction. - 208 Verify source ↗
SAFETY OF NAVIGATION AND PREVENTION OF COLLISION - 208. Duty to render assistance following collision
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.
Section 208. Duty to render assistance following collision Section 208(1)(a) render to the other ship, the master, crew and passengers, if any, such assistance as may be practicable and as may be necessary to save them from any danger occasioned by the collision, and stand by the other ship until he has ascertained that such ship has no need for further assistance; Section 208(1)(b) give the master of the other ship the name and port of registry of his ship, and the names of the ports from which his ship sailed and to which his ship is bound. Section 208(2) Subsection (1) shall apply to masters of Kenyan ships, and to masters of foreign ships when in Kenyan waters. Section 208(3) The failure of the master of a ship to comply with this section shall not raise any presumption of law that the collision was caused by his wrongful act, neglect, or default. - 209 Verify source ↗
SAFETY OF NAVIGATION AND PREVENTION OF COLLISION - 209. Offence
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.
Section 209. Offence Section fails to comply with section 208(1)(a), and shall be liable, upon conviction thereof, to imprisonment for a term not exceeding six months, or to a fine not exceeding one hundred and fifty thousand shillings, or both; - 210 Verify source ↗
SAFETY OF NAVIGATION AND PREVENTION OF COLLISION - 210. Notification of hazards to navigation
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.
Section 210. Notification of hazards to navigation Section 210(1) The master of any Kenyan ship, upon encountering any of the dangers to navigation specified in subsection (2), shall send information accordingly by any means of communication at his disposal to the appropriate shore based authorities, and such information shall be repeated to ships in the vicinity as practicable. Section 210(2)(a) dangerous ice; Section 210(2)(b) dangerous derelict; Section 210(2)(c) tropical storm; Section 210(2)(d) any other direct danger to navigation. Section 210(3) Where a master fails to comply with this section, he commits an offence and shall be liable, upon conviction, to imprisonment for a term not exceeding six months, or a fine not exceeding one hundred thousand shillings, or both. Section 210(4) It shall be a defence for any person charged under this section to show that he took all reasonable precautions to avoid the commission of the offence. Section 210(5) For purposes of this section— “tropical storm” means a hurricane, typhoon, cyclone or other storm of a similar nature, and a master of a ship shall be deemed to have encountered a tropical storm if he has reason to believe that there is such a storm in the vicinity. - 211 Verify source ↗
SAFETY OF NAVIGATION AND PREVENTION OF COLLISION - 211. Precaution in event of danger to navigation
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.
Section 211. Precaution in event of danger to navigation Section 211(1) The master of a Kenyan ship, when ice is reported on or near his course, shall, at night, either proceed at a safe speed adapted to the prevailing circumstances or change course so as to keep amply clear of the ice reported and of the area of danger. Section 211(2) The master of a ship who fails to comply with this section commits an offence and shall be liable, upon conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding two hundred and fifty thousand shillings, or both. - 212 Verify source ↗
SAFETY OF NAVIGATION AND PREVENTION OF COLLISION - 212. Duty to assist ships in distress
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.
Section 212. Duty to assist ships in distress Section 212(1)(a) he is unable to do so; or Section 212(1)(b) in the special circumstances of the case he considers it unreasonable or unnecessary to proceed to their assistance, Section 212(2) The master of a ship shall be released from the duty imposed by subsection (1) as soon as he is informed of the requisition of one or more ships, other than his own, under section 213 and that the requisition is being complied with by the ship or ships requisitioned. - 213 Verify source ↗
SAFETY OF NAVIGATION AND PREVENTION OF COLLISION - 213. Right to requisition ship when in distress
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.
Section 213. Right to requisition ship when in distress Section 213(1) The master of a ship in distress, after consultation, so far as may be possible, with the masters of the ships which answer his call for assistance, has the right to requisition one or more of those ships as he considers best able to render assistance, and it shall be the duty of the masters of the ships requisitioned to comply with the requisition by proceeding with all speed to the assistance of the persons in distress. Section 213(2) The master of a ship shall be released from the duty imposed by section 212(1) and, if his ship has been requisitioned, from the duty imposed by subsection (1) of this section, if he is informed by the persons in distress or by the master of another ship which has reached such persons that assistance is no longer required. - 214 Verify source ↗
SAFETY OF NAVIGATION AND PREVENTION OF COLLISION - 214. Duty to assist persons in danger at sea
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.
Section 214. Duty to assist persons in danger at sea Section The master of a ship shall, so far as he can do so without serious danger to his own ship and persons thereon, render assistance to any person in danger of being lost at sea. - 215 Verify source ↗
SAFETY OF NAVIGATION AND PREVENTION OF COLLISION - 215. Application of sections 212, 213 and 214 to masters of foreign ships
Masters of Kenyan ships, and masters of foreign ships while in Kenyan waters, must comply with sections 212, 213 and 214.
Section 215. Application of sections 212, 213 and 214 to masters of foreign ships Section 215(1) The duties imposed on the master of ship by sections 212, 213 and 214 shall apply to the masters of Kenyan ships and to the masters of foreign ships when in Kenyan waters. Section 215(2) Where a master fails to comply with sections 212, 213 and 214 he commits an offence for each such failure, and upon conviction shall be liable, for each such offence, to a fine not exceeding one hundred and fifty thousand shillings, or imprisonment for a term not exceeding six months, or both. Section 215(3) Compliance by a master with sections 212, 213 and 214 shall not affect his right, or the right of any other person to salvage. - 216 Verify source ↗
SAFETY OF NAVIGATION AND PREVENTION OF COLLISION - 216. Regulations for signal of distress
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.
Section 216. Regulations for signal of distress Section 216(1) The Cabinet Secretary may make regulations relating to signals of distress and urgency and the signals prescribed by the regulations shall be deemed to be signals of distress and urgency. Section 216(2)(a) any signal except in circumstances and for the purposes prescribed; or Section 216(2)(b) any signal that shall be liable to be mistaken for any prescribed signal, Section 216(3) Where the master who contravenes subsection (2) is a certificated officer under this Act, he shall be subjected to an inquiry into his conduct as provided in section 182. - 217 Verify source ↗
SAFETY OF NAVIGATION AND PREVENTION OF COLLISION - 217. Reports of ship accidents
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.
Section 217. Reports of ship accidents Section 217(1)(a) has sustained or caused any accident occasioning loss of life or any serious injury to any person; or Section 217(1)(b) has sustained any material damage affecting her seaworthiness or her efficiency, either in her hull or in any part of her machinery, Section 217(2)(a) the name of the ship, the port to which the ship belongs, the official number, if any, of the ship and the place where the ship is located; Section 217(2)(b) the circumstances in which the accident or damage occurred; and Section 217(2)(c) the probable cause of the accident or damage. Section 217(3) Where the owner or managing owner, or if there is no owner or managing owner resident in Kenya, the representative person of the owner or the agent of any ship to which this section applies, has reason to believe that the ship has sustained or caused any such accident or received any such damage as is mentioned in subsection (1), he shall satisfy himself that the accident or damage has been reported to the Director-General by the master; and, where any such owner, managing owner, representative person or agent has reason to believe that the accident or damage has not been so reported, he shall as soon as possible, send to the Director-General notice in writing stating the name of the ship, its official number, and its port of registry or the port to which it belongs, stating to the best of his knowledge and belief, the nature and extent of the accident or damage, the probable cause thereof and the location of the ship. Section 217(4) The master, owner, managing owner, representative person or agent who fails, without reasonable cause, to comply with this section commits an offence and shall be liable, upon conviction, to a fine not exceeding one hundred and thirty thousand shillings, or to imprisonment for a term not exceeding eight months, or to both such fine and imprisonment. Section 217(5) This section applies to all Kenyan ships and to all foreign ships carrying passengers between places in Kenyan waters. - 218 Verify source ↗
SAFETY OF NAVIGATION AND PREVENTION OF COLLISION - 218. Apprehended loss of ship
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.
Section 218. Apprehended loss of ship Section 218(1)(a) the name of the ship, the port to which the ship belongs and the official number, if any, of the ship; and Section 218(1)(b) a report of the loss of the ship and the circumstances and probable cause of such loss. Section 218(2) Any managing owner or agent of a ship who fails, without reasonable cause, to comply with this section within a reasonable period from the time when he has reason to believe that the ship has been lost, commits an offence and shall be liable, upon conviction, to a fine not exceeding fifty thousand shillings, or to imprisonment for a term not exceeding four months, or to both such fine and imprisonment. - 219 Verify source ↗
SAFETY OF NAVIGATION AND PREVENTION OF COLLISION - 219. Notices to mariners and navigational warnings
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.
Section 219. Notices to mariners and navigational warnings Section 219(1) The Director-General shall take appropriate steps to advise the seafaring community and the public of any developing or existing situations which may adversely affect maritime safety. Section 219(2) The advice under subsection (1) may take the form of notices to mariners, and navigational warnings may be issued and communicated by any means as the circumstances may warrant. Section 219(3) The Director-General may require the assistance of any person in the communication of such information. - 220 Verify source ↗
SAFETY OF NAVIGATION AND PREVENTION OF COLLISION - 220. Interpretation and application
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.
Section 220. Interpretation and application Section For the purposes of this section and sections 221 to 227, “aids to navigation” and “aids” means all lighthouses, buoys, beacons, radio aids, or any other light, signal or mark established to aid marine navigation and includes all buildings, moorings and other works associated therewith. - 221 Verify source ↗
SAFETY OF NAVIGATION AND PREVENTION OF COLLISION - 221. Establishment and management of aids
Navigational aids necessary for safe navigation of ships shall be established in Kenya.
Section 221. Establishment and management of aids Section 221(1) There shall be established in Kenya such navigational aids as are necessary to facilitate safe navigation of ships within the waters of Kenya. Section 221(2) Privately owned navigational aids shall be established and maintained in accordance with the provisions of this Act. - 222 Verify source ↗
SAFETY OF NAVIGATION AND PREVENTION OF COLLISION - 222. Nautical publications, charts, etc.
The Cabinet Secretary may, by notice in the Gazette, publish and update a list of navigational aids.
Section 222. Nautical publications, charts, etc. Section 222(1)(a) without the prior written consent of the Director-General, or any other person authorised by him for the purpose; and Section 222(1)(b) unless it conforms to such specifications as may be prescribed. Section 222(2) No navigational aid shall be discontinued or have its lighting characteristics or any other distinguishing feature altered, without the prior written consent of the Director-General or any other person authorised by him for the purpose. Section 222(3) The Cabinet Secretary may, by notice in the Gazette , cause a list of navigational aids to be published and updated as necessary. - 223 Verify source ↗
SAFETY OF NAVIGATION AND PREVENTION OF COLLISION - 223. Functions of the Director-General
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.
Section 223. Functions of the Director-General Section be responsible for the establishment and maintenance of all navigational aids established by the Authority and such other government owned navigational aids as may be under the control of the Authority; - 224 Verify source ↗
SAFETY OF NAVIGATION AND PREVENTION OF COLLISION - 224. Offences
Contravening section 221 or 222 is an offence.
Section 224. Offences Section contravenes section 221 or 222; - 225 Verify source ↗
SAFETY OF NAVIGATION AND PREVENTION OF COLLISION - 225. Detention of ships
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.
Section 225. Detention of ships Section Where a ship damages, destroys or fouls an aid, the ship may be detained until the cost of repairing or replacing the aid or rendering the aid effective again is paid. - 226 Verify source ↗
SAFETY OF NAVIGATION AND PREVENTION OF COLLISION - 226. Fire or lights detrimental to navigation
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.
Section 226. Fire or lights detrimental to navigation Section 226(1) No person shall show a light, including light from a fire, in such a place or manner as to mislead ships navigating in the coastal areas of Kenya. Section 226(2) Any person who fails to comply with subsection (1) commits an offence and shall be liable, upon conviction, to a fine not exceeding one hundred thousand shillings, or to imprisonment for a term not exceeding six months, or to both such fine and imprisonment. Section 226(3) The Director-General may cause to be extinguished any false or unauthorised lights, and for this purpose the Director-General or any person authorised by him may enter the place where the light is situated and forthwith extinguish the same without causing unnecessary damage. - 227 Verify source ↗
SAFETY OF NAVIGATION AND PREVENTION OF COLLISION - 227. Regulations on navigational aids
When regulating navigational aids, the regulator shall have due regard to the IALA Harmonised Buoyage “System B” or any international replacement.
Section 227. Regulations on navigational aids Section the system of lighting and other characteristics, marks and features of navigational aids, and in doing so shall have due regard to the International Association of Lighthouse Authorities (IALA) Harmonised Buoyage “System B”, or any other international system of buoyage which may replace it; and - 228 Verify source ↗
SAFETY OF NAVIGATION AND PREVENTION OF COLLISION - 228. Ship’s navigation equipment and nautical publications
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 228. Ship’s navigation equipment and nautical publications Section 228(1) The Cabinet Secretary may make regulations specifying such navigation equipment, nautical publications or charts, directions or information as appear to him to be necessary or expedient for the safe operation of ships. Section 228(2) Regulations made pursuant to this section may require Kenyan ships or such descriptions of Kenyan ships as may be specified in the regulations, to carry and use, either at all times or on such voyages as may be specified in the regulations, the navigation equipment, charts, copies of sailing directions or information so specified. Section 228(3) Where a ship goes to sea or attempts to go to sea without carrying the navigation equipment, charts, copies of sailing directions or information which it may be required to carry according to the regulations made under this section, the master and owner shall each commit an offence and shall be liable upon conviction to a fine not exceeding fifty thousand shillings.
Part X
LOAD LINES
- 261 Verify source ↗
LOAD LINES - 261. Interpretation
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.
Section 261. Interpretation Section 261(1) In this Part, unless the context otherwise requires— “alteration” includes deterioration; “clearance” includes transire; “Convention country” and “contracting Government” have the meanings given to them by section 290; “deck-line” means such a mark as is referred to in section 263(2)(c); “load lines” means such lines as are referred to in section 263(2)(d); “Load Lines Convention” means the International Convention on Load Lines, 1966, and its Protocol of 1988; “non-Kenyan ship” means a ship which is not registered in Kenya; “post-1966 Convention ship” means a ship whose keel is laid, or which is at a similar stage of construction, on or after the material date; “pre-1966 Convention ship” means a ship which is not a post-1966 Convention ship; and “valid Convention certificate” has the same meaning given to it by section 273(5). Section 261(2)(a) in relation to a ship which is registered in or flies the flag of a Convention country other than Kenya, is the date as from which it is declared under section 290 that the government of that country has accepted or acceded to the Load Lines Convention or that it is a territory to which that Convention extends; and Section 261(2)(b) in relation to any other ship, is 21st July, 1968. Section 261(3)(a) a port in Kenya and a port outside Kenya; or Section 261(3)(b) a port in a Convention country (other than Kenya) and a port in any other county or territory (whether or not a Convention country) which is outside Kenya. Section 261(4) In determining, for the purposes of subsection (3), what are the ports between which a voyage is, no account shall be taken of any deviation made by a ship from its intended voyage which is due solely to stress of weather or any other circumstances which neither the master nor the owner nor the charterer (if any) of the ship could have prevented or forestalled, and for the purposes of that subsection any territory for whose international relations a Government is separately responsible shall be taken to be a separate territory. Section 261(5) Any reference in this Part to the gross tonnage of a ship shall be construed as a reference to the tonnage of the ship as ascertained in accordance with the tonnage regulations; and, where in accordance with those regulations alternative tonnages are assigned to a ship, the gross tonnage of the ship shall, for the purposes of this Part, be taken to be the larger of those tonnages. Section 261(6) For the purposes of this Part, the length of a ship shall be ascertained in accordance with such regulations as may be made by the Cabinet Secretary under this Part. Section 261(7) Any reference in this Part to any provision of the Load Lines Convention shall, in relation to any time after that provision has been amended in pursuance of Article 29 of that Convention, be construed as a reference to that provision as so amended. - 262 Verify source ↗
LOAD LINES - 262. Application of Part
This part applies to ships of war.
Section 262. Application of Part Section ships of war; - 263 Verify source ↗
LOAD LINES - 263. Regulations
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.
Section 263. Regulations Section 263(1) The Cabinet Secretary may make regulations in accordance with the following provisions of this Part, and in making such regulations, the Cabinet Secretary shall have regard in particular to the Load Lines Convention. Section 263(2)(a) the surveying, and inspection of ships to which this Part applies; Section 263(2)(b) determining freeboards to be assigned from time to time to such ships; Section 263(2)(c) determining, in relation to any such ship, the deck which is to be taken to be the freeboard deck of the ship, and for requiring the position of that deck to be indicated on each side of the ship by a mark of a description as may be prescribed by the regulations; and Section 263(2)(d) determining, by reference to that mark and the freeboards for the time being assigned to any such ship, the positions in which each side of the ship is to be marked with lines of a description as may be prescribed by the regulations, indicating the various maximum depths to which the ship may be loaded in circumstances as may be prescribed by the regulations. Section 263(3)(a) specifying such requirements in respect of the hulls, superstructures, fittings and appliances of ships to which this Part applies as may appear to the Cabinet Secretary to be relevant to the assignment of freeboards to such ships; Section 263(3)(b) whereby, at the time when freeboards are assigned to a ship in accordance with such regulations, such particulars relating to those requirements as may be determined in accordance with the regulations are to be recorded in such manner as may be so determined; and Section 263(3)(c) for determining by reference to those requirements and that record whether, at any time after freeboards have been so assigned to a ship and while they continue to be so assigned, the ship is for the purposes of this Part to be taken to comply, or not to comply, with the conditions of assignment. Section 263(4) Regulations may also include provisions requiring such information relating to the stability of any ship to which freeboards are assigned thereunder, and such information relating to the loading and ballasting of any such ship, as may be determined in accordance with the regulations, to be provided for the guidance of the master of the ship in such manner as may be so determined. Section 263(5)(a) different descriptions of ships; Section 263(5)(b) different areas; Section 263(5)(c) different seasons of the year; and Section 263(5)(d) any other different circumstances. - 264 Verify source ↗
LOAD LINES - 264. Compliance with Load Lines Regulations
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.
Section 264. Compliance with Load Lines Regulations Section 264(1)(a) the ship has been surveyed in accordance with such regulations as may be made under section 263; Section 264(1)(b) the ship is marked with a deck-line and with load lines in accordance with such regulations; Section 264(1)(c) the ship complies with the conditions of assignment; and Section 264(1)(d) the information as may be provided for in accordance with section 263(4) is provided for the guidance of the master of the ship in the manner determined in accordance with the regulations. Section 264(2) Where any ship proceeds or attempts to proceed to sea in contravention of subsection (1), the owner or master of the ship commits an offence and shall be liable, upon conviction, to a fine not exceeding three hundred thousand shillings, or to imprisonment for a term not exceeding two years, or to both such fine and imprisonment. Section 264(3) Any ship which, in contravention of subsection (1), attempts to proceed to sea without being surveyed and marked as mentioned in subsection (1)(a) and (b) may be detained until it has been so surveyed and marked. Section 264(4) Any such ship as is mentioned in subsection (1) which does not comply with the conditions of assignment shall be deemed to be unsafe for the purposes of Part XII. - 265 Verify source ↗
LOAD LINES - 265. Submersion of load lines by Kenyan ships
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.
Section 265. Submersion of load lines by Kenyan ships Section 265(1)(a) if the ship is in salt water and has no list, the appropriate load line on each side of the ship is submerged; or Section 265(1)(b) in any other case, the appropriate load line on each side of the ship would be submerged if the ship were in salt water and had no list. Section 265(2) Where any ship is loaded in contravention of subsection (1), the owner and master of the ship each, subject to subsection (5), commit an offence and shall be liable, upon conviction, each to a fine not exceeding five hundred thousand shillings, or to imprisonment for a term not exceeding three years, or to both such fine and imprisonment and to such additional fine, not exceeding an amount calculated in accordance with subsection (3), as the court thinks fit to impose, having regard to the extent to which the earning capacity of the ship was increased by reason of the contravention. Section 265(3)(a) in a case falling within subsection (1)(a), the appropriate load line on each side of the ship was submerged; or Section 265(3)(b) in a case falling within subsection (1)(b), the appropriate load line on each side of the ship would have been submerged as therein mentioned. Section 265(4) Where the master of a ship takes the ship to sea when it is loaded in contravention of subsection (1), or, if any other person, having reason to believe that the ship is so loaded, sends or is party to sending the ship to sea when it is loaded in contravention of that subsection, then without prejudice to any fine to which he may be liable in respect of an offence under subsection (2), he commits an offence and shall be liable, upon conviction, to a fine not exceeding one hundred thousand shillings, or to imprisonment for a term not exceeding six months, or to both such fine and imprisonment. Section 265(5) Where a person is charged with an offence under subsection (2), it shall be a defence to prove that the contravention was due solely to deviation or delay, and that the deviation or delay was caused solely by stress of weather or other circumstances which neither the master nor the owner nor the charterer, if any, could have prevented or forestalled. Section 265(6) Without prejudice to any proceedings under the preceding provisions of this section, any ship which is loaded in contravention of subsection (1) may be detained until it ceases to be so loaded. Section 265(7) For the purposes of the application of this section to a ship in any circumstances prescribed by regulations made under section 263(2)(d), “the appropriate load line” means the load line which, in accordance with those regulations, indicates the maximum depth to which the ship may be loaded in salt water in those circumstances. - 266 Verify source ↗
LOAD LINES - 266. Offences in relation to marks
The owner or master of the ship must keep the ship so marked (failure without reasonable excuse).
Section 266. Offences in relation to marks Section the owner or master of the ship fails without reasonable excuse to keep the ship so marked; or - 267 Verify source ↗
LOAD LINES - 267. Issue of load line certificates
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.
Section 267. Issue of load line certificates Section 267(1) Where a Kenyan ship to which this Part applies has been surveyed and marked in accordance with regulations made under section 263, the appropriate certificate shall be issued to the owner of the ship upon his application. Section 267(2)(a) in the case of a pre-1966 Convention ship of not less than 150 gross tonnage, and in the case of a post-1966 Convention ship of not less than 24 meters in length, is the International Load Line Certificate, 1966; and Section 267(2)(b) in the case of any other ship, is the Kenya Load Line Certificate. Section 267(3)(a) issued by the Director-General or by a person authorised for that purpose by the Director-General; and Section 267(3)(b) in such form, and shall be issued in such manner, as may be prescribed by regulations made under section 263. Section 267(4) The Director-General may request a contracting Government to issue an International Load Line Certificate in respect of any ship to which this Part applies, which is a Kenyan ship falling within subsection (2)(a), and the provisions of this Part shall have effect in relation to such a certificate so issued, which contains a statement that it has been issued at the request of the Government of Kenya, as they have effect in relation to an International Load Line Certificate issued by the Director-General. - 268 Verify source ↗
LOAD LINES - 268. Effect of load line certificate
The ship shall be deemed to have been surveyed in accordance with regulations made under section 263;
Section 268. Effect of load line certificate Section the ship shall be deemed to have been surveyed in accordance with regulations made under section 263; - 269 Verify source ↗
LOAD LINES - 269. Duration, endorsement and cancellation of load line certificates
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.
Section 269. Duration, endorsement and cancellation of load line certificates Section 269(1)(a) enabling the period for which any such certificate is originally issued to be extended within such limits and in such circumstances as may be prescribed by the regulations; and Section 269(1)(b) for cancelling any such certificate in such circumstances as may be so prescribed. Section 269(2)(a) periodical inspections of the ship in accordance with regulations made under section 263; Section 269(2)(b) any extension of the period for which the certificate was issued, as may be prescribed by the regulations. - 270 Verify source ↗
LOAD LINES - 270. Prohibition on proceeding to sea without load line certificate
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.
Section 270. Prohibition on proceeding to sea without load line certificate Section 270(1) Subject to any exemption conferred by or under this Part, no Kenyan ship to which this Part applies shall proceed or attempt to proceed to sea unless the appropriate certificate is in force in respect of the ship. Section 270(2) Before any such ship proceeds to sea, the master of the ship shall produce the appropriate certificate to the port officer from whom a clearance for the ship is demanded, and a clearance shall not be granted, and the ship may be detained, until the appropriate certificate is so produced. Section 270(3) Where any ship proceeds or attempts to proceed to sea in contravention of this section, the master of the ship commits an offence and shall be liable, upon conviction, to a fine not exceeding one hundred thousand shillings, or to imprisonment for a term not exceeding six months, or to both such fine and imprisonment. Section 270(4) In this section, “appropriate certificate” means the certificate which is the appropriate certificate for the purposes of section 267. - 271 Verify source ↗
LOAD LINES - 271. Publication of load line certificate and entry of particulars in official log book
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 271. Publication of load line certificate and entry of particulars in official log book Section 271(1) Where a certificate is issued in respect of a ship under section 267, the owner of the ship shall, forthwith on receipt of the certificate, cause it to be framed and posted up in some conspicuous place on board the ship, and shall cause it to be kept so framed and posted up and legible so long as the certificate remains in force and the ship is in use. Section 271(2) Before any Kenyan ship to which this Part applies leaves any dock, wharf, harbour or other place for the purpose of proceeding to sea, the master of the ship shall cause a notice to be posted up in some conspicuous place on board the ship, which shall be in such form and containing such particulars relating to the depth to which the ship is for the time being loaded as may be specified in regulations made by the Cabinet Secretary under this Part. Section 271(3) Where a notice required by subsection (2) has been posted up, the master of the ship shall cause it to be kept posted up and legible until the ship arrives at some other dock, wharf, harbour or place. Section 271(4) Where the owner or master of a ship fails to comply with any requirement of this section, each commits an offence and shall be liable, upon conviction, to a fine not exceeding fifty thousand shillings, or to imprisonment for a term not exceeding four months, or to both such fine and imprisonment. - 272 Verify source ↗
LOAD LINES - 272. Inspection of ships
Section 272 — Inspection of ships
Section 272. Inspection of ships - 273 Verify source ↗
LOAD LINES - 273. Valid Convention certificates
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.
Section 273. Valid Convention certificates Section 273(1)(a) registered in a convention country, or, not being registered in any such country or elsewhere, flies the flag of a convention country; and Section 273(1)(b) either a pre-1966 convention ship of not less than 150 gross tonnage, or a post-1966 convention ship of not less than 24 meters in length. Section 273(2) The Director-General may, at the request of the Government of a country as referred to in subsection (1), issue in respect of a ship referred to in subsection (1), a certificate in such form as may be prescribed by regulations made under section 263, if the Director-General is satisfied that he could properly issue a certificate in respect of the ship under section 267(1) if the ship were a Kenyan ship. Section 273(3) Regulations made under section 263 may make such provision as appears to the Cabinet Secretary to be appropriate for ensuring that certificates which are issued as International Load Line Certificates, 1966 in respect of ships to which this section applies, and are so issued by Governments other than the Government of Kenya, shall be recognised for the purposes of this Part in such circumstances as may be prescribed by the regulations. Section 273(4) Certificates issued as mentioned in subsection (2) or (3) shall be included among the certificates called “International Load Line Certificates”. Section 273(5)(a) has been issued under subsection (2) and is for the time being in force; or Section 273(5)(b) having been issued as mentioned in subsection (3), is produced in circumstances in which it is required by regulations made under section 263 to be recognised for the purposes of this Part. - 274 Verify source ↗
LOAD LINES - 274. Compliance with regulations by non-Kenyan ships
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 274. Compliance with regulations by non-Kenyan ships Section 274(1)(a) ship has been surveyed in accordance with regulations made under section 263; Section 274(1)(b) ship is marked with a deck-line and with load lines in accordance with those regulations; Section 274(1)(c) ship complies with the conditions of assignment; and Section 274(1)(d) information required by those regulations to be provided as mentioned in section 263(4) is provided for the guidance of the master of the ship in the manner determined in accordance with the regulations. Section 274(2) Subsection (1) does not apply to a ship in respect of which a valid convention certificate is produced. Section 274(3) Where any ship proceeds or attempts to proceed to sea in contravention of the preceding provisions of this section, the owner or master of the ship commits an offence and shall be liable, upon conviction, to a fine not exceeding three hundred thousand shillings or to imprisonment for a term not exceeding two years, or to both such fine and imprisonment. Section 274(4) Any ship which in contravention of this section attempts to proceed to sea without being surveyed and marked as mentioned in subsection (1)(a) and (b) may be detained until it has been so surveyed and marked. Section 274(5) Where any such ship as is mentioned in subsection (1), not being a ship in respect of which a valid Convention certificate is produced, does not comply with the conditions of assignment it shall be deemed to be unsafe for the purposes of Part XII. - 275 Verify source ↗
LOAD LINES - 275. Submersion of load lines for non-Kenyan ships
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.
Section 275. Submersion of load lines for non-Kenyan ships Section 275(1)(a) if the ship is in salt water and has no list, the appropriate load line on each side of the ship is submerged; or Section 275(1)(b) in any other case, the appropriate load line on each side of the ship would be submerged if the ship were in salt water and had no list. Section 275(2) Section 265 (2), (3), (5) and (6) shall have effect for the purposes of this section as if any references in those subsections to section 265(1) were a reference to subsection (1), or, as the case may be, to the corresponding provision of subsection (1) of this section, subject however to subsection (3). Section 275(3) In the case of a ship to which section 273 applies, the ship shall not be detained, and no proceedings shall be brought by virtue of subsection (2), unless the ship has been inspected by a surveyor in pursuance of section 278. Section 275(4) In relation to a ship in respect of which a valid convention certificate is produced, “load line” in subsection (1) means a line marked on the ship in the position of a load line specified in that certificate, and for the purposes of the application of the relevant provisions to such a ship in any circumstances for which a particular load line is specified in the certificate, the “appropriate load line” means the load line which, in accordance with the certificate, indicates the maximum depth to which the ship may be loaded in salt water in those circumstances. Section 275(5) Where a valid convention certificate is not produced in respect of a ship, then, for the purposes of the application of the relevant provisions to that ship in any circumstances as may be prescribed by regulations made in accordance with section 263(2)(d), “the appropriate load line” means the load line which, in accordance with those regulations, indicates the maximum depth to which the ship may be loaded in salt water in those circumstances. Section 275(6) For purposes of subsections (4) and (5), “the relevant provisions” means the provisions of subsection (1) and any provisions of section 265 as applied by subsection (2). - 276 Verify source ↗
LOAD LINES - 276. Kenya load line certificates
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.
Section 276. Kenya load line certificates Section 276(1) Where a non-Kenyan ship to which this Part applies has been surveyed and marked in accordance with regulations made under section 263, then on the application of the owner of the ship, a Kenya Load Line Certificate may be issued to him by the Director-General or by a person authorised for the purpose by the Director-General. Section 276(2) Subject to subsection (3), sections 268 and 269 shall have effect in relation to a certificate issued under subsection (1) as they have effect in relation to a certificate issued under section 267. Section 276(3) Any certificate issued under subsection (1) in respect of a ship to which section 273 applies shall be valid only so long as the ship is not plying on international voyages, and shall be cancelled by the Director-General if he has reason to believe that the ship is plying on international voyages. - 277 Verify source ↗
LOAD LINES - 277. Production of certificate to ports officer
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.
Section 277. Production of certificate to ports officer Section 277(1) Subject to any exemption conferred by or under this Part, before a non-Kenyan ship to which this Part applies proceeds to sea from any port in Kenya, the master of the ship shall produce the appropriate certificate to the port officer from whom a clearance for the ship is demanded, and a clearance shall not be granted, and the ship may be detained until the appropriate certificate is so produced. Section 277(2)(a) in the case of a ship to which section 273 applies, where a clearance for the ship is demanded in respect of an international voyage, is a valid convention certificate; Section 277(2)(b) in the case of any such ship, where a clearance for the ship is demanded in respect of any other voyage, is either a valid Convention certificate or a Kenyan Load Line Certificate for the time being in force in respect of the ship; and Section 277(2)(c) in any other case, is a Kenya Load Line Certificate for the time being in force in respect of the ship. - 278 Verify source ↗
LOAD LINES - 278. Inspection
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 278. Inspection Section 278(1) Subject to the following provisions of this section, a surveyor may inspect any non-Kenyan ship to which this Part applies while the ship is within any port in Kenya. Section 278(2) Any such surveyor may go on board any ship to which section 273 applies, while the ship is within any port in Kenya, for the purpose of demanding production of any International Load Line Certificate or Kenya Load Line Certificate for the time being in force in respect of the ship. Section 278(3)(a) the ship is not loaded beyond the limits allowed by the certificate; Section 278(3)(b) lines are marked on the ship in the positions of the load lines specified in the certificate; Section 278(3)(c) no material alterations have taken place in the hull or superstructures of the ship which affect the position in which any of those lines ought to be marked; and Section 278(3)(d) the fittings and appliances for the protection of openings, the guard rails, the free ports and the means of access to the crew’s quarters have been maintained on the ship in as effective a condition as they were in when the certificate was issued. Section 278(4) Where on an inspection of a ship under this section the ship is found to have been so materially altered in respect of the matters referred to in subsection (3)(c) or (d) that the ship is manifestly unfit to proceed to sea without danger to human life, it shall be deemed to be unsafe for the purposes of Part XII. Section 278(5) Where a ship is detained under the provisions of this Act as applied by subsection (4), the Director-General shall order the ship to be released as soon as he is satisfied that the ship is fit to proceed to sea without danger to human life. - 279 Verify source ↗
LOAD LINES - 279. Power to make exemption orders
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.
Section 279. Power to make exemption orders Section 279(1)(a) between near neighbouring ports in Kenya and in another convention country; or Section 279(1)(b) between near neighbouring ports in any two or more countries outside Kenya, Section 279(2) The Director-General may, by order, direct that any ship engaged solely in local trade, or any class of such ships specified in the order, shall be exempt from the provisions of this Part while not carrying cargo, or, if the order so provides, shall be exempt from the provisions of this Part whether carrying cargo or not. Section 279(3) Any order under this section may be made subject to such conditions as the Director-General thinks fit; and, where any such order is made subject to conditions, the exemption conferred by that order shall not have effect in relation to a ship unless the ship complies with those conditions. - 280 Verify source ↗
LOAD LINES - 280. Further powers to exempt ship
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.
Section 280. Further powers to exempt ship Section 280(1)(a) all the provisions of this Part and of regulations made thereunder; or Section 280(1)(b) such of those provisions as are specified in the instrument conferring the exemption. Section 280(2) On the application of the owner of a Kenyan ship to which this Part applies which is either a pre-1966 convention ship of not less than 150 gross tonnage or a post-1966 convention ship of not less than 24 meters in length, the Director-General may exempt the ship if in his opinion the ship embodies features of a novel kind such that, if the ship had to comply with all the requirements of this Part and the regulations made thereunder, the development of those features and their incorporation in ships engaged on international voyages might be seriously impeded. Section 280(3)(a) a pre-1966 convention ship of less than one hundred and fifty gross tonnage or a post-1966 convention ship of less than twenty-four meters in length; or Section 280(3)(b) a ship, not falling within paragraph (a), which does not ply on international voyages, Section 280(4) Without prejudice to subsection (3), where a Kenyan ship to which this Part applies which is either a pre-1966 convention ship of not less than one hundred and fifty gross tonnage or a post-1966 convention ship of not less than twenty-four meters in length, does not normally ply on international voyages but is, in exceptional circumstances, required to undertake a single international voyage, the Director-General, on the application of the owner of the ship, specifying the international voyage in question, may exempt the ship while engaged on that voyage. Section 280(5) Any exemption conferred under this section may be conferred subject to such conditions as the Director-General thinks fit, and, where any such exemption is conferred subject to conditions the exemption shall not have effect unless those conditions are complied with. - 281 Verify source ↗
LOAD LINES - 281. Issue of exemption certificates
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 281. Issue of exemption certificates Section 281(1) Where the Director-General exempts a ship under section 280, the Director-General shall issue the appropriate certificate to the owner of the ship. Section 281(2)(a) exemption is conferred under section 280(2) or (4), is an International Load Line Exemption Certificate; and Section 281(2)(b) certificate is conferred under subsection (3) of that section, is a Kenyan Load Line Exemption Certificate. Section 281(3) Any certificate issued under this section shall be in such form, and shall be issued in such a manner, as may be prescribed by regulations made under this Part. - 282 Verify source ↗
LOAD LINES - 282. Duration, endorsement, etc., of certificates
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.
Section 282. Duration, endorsement, etc., of certificates Section 282(1)(a) enabling the period for which any exemption or certificate is originally conferred or issued to be extended within such limits and in such circumstances as may be prescribed by the regulations; and Section 282(1)(b) for terminating any such exemption, and for cancelling any such certificate, in such circumstances as may be so prescribed. Section 282(2)(a) periodical inspections of the ship, in accordance with regulations made under section 263; Section 282(2)(b) any extension of the period for which the certificate was issued, as may be prescribed by the regulations. - 283 Verify source ↗
LOAD LINES - 283. Load Lines Convention certificates
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.
Section 283. Load Lines Convention certificates Section 283(1) Regulations made under section 263 may make such provision as appears to the Cabinet Secretary to be appropriate for ensuring that exemption certificates which, in accordance with the Load Lines Convention, are issued in respect of ships to which section 273 applies, and are so issued by governments other than the Government of Kenya, shall in such circumstances as may be prescribed by the regulations, have the like effect for the purposes of this Part as if they were valid convention certificates. Section 283(2) The exemption certificates issued in accordance with subsection (1) shall be the International Load Line Exemption Certificate. - 284 Verify source ↗
LOAD LINES - 284. Subdivision load lines
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 284. Subdivision load lines Section 284(1) Where in pursuance of safety regulations a Kenyan passenger ship to which this Part applies is marked with subdivision load lines, and the lowest of those lines is lower than the line which, apart from this subsection, would be the appropriate load line for the purposes of section 265, that section shall have effect as if that subdivision load line were the appropriate load line for the purposes of that section. Section 284(2) Where in pursuance of safety regulations a non-Kenyan passenger ship to which this Part applies is marked with subdivision load lines, and the lowest of those load lines is lower than the line which, apart from this subsection, would be the appropriate load line for the purposes of section 275, that section shall have effect as if that subdivision load line were the appropriate load line for the purposes of that section. - 285 Verify source ↗
LOAD LINES - 285. Deck cargo
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
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 the deck of a ship to which this Part applies, and different requirements may be prescribed in relation to different descriptions of ships, different descriptions of cargo, different voyages or classes of voyages, different seasons of the year or any other different circumstances. Section 285(2) Where regulations made under section 263 provide, either generally or in particular cases or classes of cases, for assigning special freeboards to ships which are to have effect only where a cargo of timber is so carried, then, without prejudice to the generality of subsection (1), the Deck Cargo Regulations may prescribe special requirements to be complied with in circumstances where any such special freeboard has effect. Section 285(3) In prescribing any such special requirements as are mentioned in subsection (2) above, the Cabinet Secretary shall have regard in particular to the provisions of Chapter IV of the Load Lines Convention. Section 285(4)(a) in the case of a Kenyan ship; or Section 285(4)(b) in the case of any other ship while the ship is within any port in Kenya, Section 285(5) Where a person is charged with an offence under subsection (4), it shall be a defence to prove that the contravention was due solely to deviation or delay and that the deviation or delay was caused solely by stress of weather or other circumstances which neither the master nor the owner nor the charterer, if any, could have prevented or forestalled. Section 285(6) For purposes of securing compliance with the Deck Cargo Regulations, any person authorised for the purpose by the Director-General may inspect any ship to which this Part applies which is carrying cargo in any uncovered space on its deck. - 286 Verify source ↗
LOAD LINES - 286. Notice of proceedings to consular officer
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.
Section 286. Notice of proceedings to consular officer Section 286(1) Where any non-Kenyan ship is detained under this Part, and where any proceedings are taken under this Part against the master or owner of any such ship, notice shall forthwith be served on the consular officer for the country to which the ship belongs or nearest to the port where the ship is for the time being. Section 286(2) A notice under this section shall specify the grounds on which the ship has been detained or the proceedings have been taken. - 287 Verify source ↗
LOAD LINES - 287. Surrender of certificates
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.
Section 287. Surrender of certificates Section 287(1) The Director-General may require any certificate issued under this Part, which has expired or been cancelled, to be surrendered as he directs. Section 287(2) Where any owner or master of a ship fails without reasonable excuse to comply with a requirement under subsection (1), he commits an offence and shall be liable, upon conviction, to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding six months or to both such fine and imprisonment. - 288 Verify source ↗
LOAD LINES - 288. Penalty for false statement, etc
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.
Section 288. Penalty for false statement, etc Section Where any person intentionally makes, assists in making or procures to be made, a false or fraudulent certificate which can be issued under this Part, he commits an offence and shall be liable, upon conviction, to a fine not exceeding fifty thousand shillings, or to imprisonment for a term not exceeding four months, or to both such fine and imprisonment. - 289 Verify source ↗
LOAD LINES - 289. Admissibility of certificates
Certificates issued under this Part are admissible in evidence.
Section 289. Admissibility of certificates Section Any certificate issued under this Part shall be admissible in evidence. - 290 Verify source ↗
LOAD LINES - 290. Convention countries
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.
Section 290. Convention countries Section a country the government of which has been declared under this paragraph to have accepted or acceded to the Load Lines Convention, and has not been so declared to have denounced that convention; or - 291 Verify source ↗
LOAD LINES - 291. Orders, rules and regulations
Orders, rules or regulations made under this Part may include transitional, incidental or supplementary provisions if the Cabinet Secretary considers them appropriate.
Section 291. Orders, rules and regulations Section Any order, rules or regulations made under this Part may contain such transitional or other incidental and supplementary provisions as may appear to the Cabinet Secretary to be appropriate.
Part XI
CARRIAGE OF BULK CARGOES AND DANGEROUS CARGOES
- 292 Verify source ↗
CARRIAGE OF BULK CARGOES AND DANGEROUS CARGOES - 292. Application
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
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 Part respecting carriage of dangerous goods in packaged form or in solid form in bulk do not apply to ships’ stores and equipment, including ships’ distress signals. Section 292(3) The provisions of this Part and any regulations made under section 297 respecting dangerous goods shall apply to all Kenyan ships and to all foreign ships while loading or discharging cargo or fuel, or embarking or disembarking passengers at any place in Kenya as they apply to Kenyan ships. - 293 Verify source ↗
CARRIAGE OF BULK CARGOES AND DANGEROUS CARGOES - 293. Interpretation
This provision is titled an Interpretation section.
Section 293. Interpretation - 294 Verify source ↗
CARRIAGE OF BULK CARGOES AND DANGEROUS CARGOES - 294. Regulations
Bulk cargoes must have due regard to the Code of Safe Practice for Bulk Cargoes issued by the Organisation and its amendments or replacements.
Section 294. Regulations Section bulk cargoes having due regard to the Code of Safe Practice for Bulk Cargoes issued by the Organisation and amendments thereto or replacements thereof; and - 295 Verify source ↗
CARRIAGE OF BULK CARGOES AND DANGEROUS CARGOES - 295. Carriage of grain
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.
Section 295. Carriage of grain Section 295(1) Where grain is loaded on board any Kenyan ship, or is loaded within any port in Kenya on board any ship, all necessary and reasonable precautions shall be taken to prevent the grain from shifting, and if such precautions are not taken, the owner or the master of the ship, or any agent of the owner who was charged with the loading, or with sending the ship to sea laden with the grain, commits an offence and shall be liable, upon conviction, to a fine not exceeding five hundred thousand shillings, or to imprisonment for a term not exceeding three years, or to both such fine and imprisonment and the ship shall be deemed for the purposes of Part XII to be unsafe by reason of improper loading. Section 295(2) Where any ship, having been loaded with grain outside Kenya without the taking of all necessary and reasonable precautions to prevent the grain from shifting, enters any port in Kenya so laden, the owner or master of the ship commits an offence and shall be liable, upon conviction, to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding three years or to both such fine and imprisonment, and the ship shall be deemed for the purposes of Part XII to be unsafe by reason of improper loading. Section 295(3) No offence is committed under subsection (2) where the ship would not have entered any such port but for stress of weather or any other circumstance that neither the master nor the owner nor the charterer, if any, could have prevented or forestalled. Section 295(4) For the purpose of ensuring the observance of this section, a surveyor may go on board any Kenyan ship, or any foreign ship which is in any port of Kenya, and inspect any grain loaded in the ship and the manner in which it is stowed. - 296 Verify source ↗
CARRIAGE OF BULK CARGOES AND DANGEROUS CARGOES - 296. Notice by grain ship
Notice by grain ship
Section 296. Notice by grain ship - 297 Verify source ↗
CARRIAGE OF BULK CARGOES AND DANGEROUS CARGOES - 297. Regulations
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.
Section 297. Regulations Section 297(1) The Cabinet Secretary may, by regulations, prescribe which goods, articles or materials to be carried in a ship are dangerous goods in accordance with the Safety Convention in relation to the carriage of dangerous goods, and such regulations shall incorporate by reference, the International Maritime Dangerous Goods (IMDG) Code of the Organization. Section 297(2)(a) method of packing and stowing such goods; Section 297(2)(b) quantity of such goods which may be carried in any ship; Section 297(2)(c) place or places within a ship in which they may be carried; Section 297(2)(d) marking that is to be placed on any package or container in which goods may be placed for shipment; and Section 297(2)(e) precautions to be taken with respect to the carriage of such goods and the powers of inspection to determine compliance with the provisions of the regulations. - 298 Verify source ↗
CARRIAGE OF BULK CARGOES AND DANGEROUS CARGOES - 298. Carriage and marking of dangerous goods
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.
Section 298. Carriage and marking of dangerous goods Section 298(1) No person shall send by or carry in a Kenyan ship, except in accordance with this Part and regulations made pursuant to section 297, any dangerous goods. Section 298(2) No person shall send by or carry in a Kenyan ship any dangerous goods without first distinctly marking their nature on the outside of the outermost package containing the same, in accordance with such regulations as the Cabinet Secretary may make, and without first giving written notice of the nature of such goods and of the name and address of the sender thereof to the master or owner of the ship. - 299 Verify source ↗
CARRIAGE OF BULK CARGOES AND DANGEROUS CARGOES - 299. Offences relating to dangerous goods
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.
Section 299. Offences relating to dangerous goods Section 299(1) Any person who contravenes any of the provisions of this Part with respect to dangerous goods, including regulations made under section 297, commits an offence and shall be liable, upon conviction, to a fine not exceeding five hundred thousand shillings, or to imprisonment for a term not exceeding three years, or to both such fine and imprisonment. Section 299(2) Where a contravention involves the marking, packing, stowing or quantity of dangerous goods within a ship, that ship shall be deemed, for the purposes of Part XII, to be unsafe by reason of improper loading. - 300 Verify source ↗
CARRIAGE OF BULK CARGOES AND DANGEROUS CARGOES - 300. Rejection and disposal of dangerous goods
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.
Section 300. Rejection and disposal of dangerous goods Section 300(1) The master or owner of any ship may refuse to take on board any package or parcel that he suspects might contain any dangerous goods and may require the package to be opened to ascertain its nature. Section 300(2) When any dangerous goods, or any goods that, in the opinion of the master or owner of the ship, are dangerous goods, have been sent on board any ship without the marking or the written notice described in section 298, the master or owner of the ship may cause the goods, together with any package or container thereof, to be thrown overboard, and neither the master nor the owner of the ship shall be subject to civil or criminal liability in any court in respect of such action. - 301 Verify source ↗
CARRIAGE OF BULK CARGOES AND DANGEROUS CARGOES - 301. Forfeiture of dangerous goods
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.
Section 301. Forfeiture of dangerous goods Section 301(1) Where any dangerous goods have been sent by or carried in any ship in a manner that would constitute an offence under this Part, the court may order the goods, and any packaging or container thereof, to be forfeited. Section 301(2)(a) the owner of the goods concerned has not committed any offence in respect of the goods, or is not before the court, or has had no notice of the proceedings; and Section 301(2)(b) there is no evidence to show to whom the goods belong,
Part XII
UNSAFE SHIPS
- 302 Verify source ↗
UNSAFE SHIPS - 302. Detention of unsafe ships
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.
Section 302. Detention of unsafe ships Section 302(1) Where the Director-General has reason to believe that any ship, being in any port in Kenya, is an unsafe ship, that is to say, is by reason of any of the matters mentioned in subsection (2) unfit to proceed to sea without serious danger to human life having regard to the nature of the service for which it is intended, such ship shall be liable to be detained. Section 302(2)(a) the ship or its machinery or equipment; or Section 302(2)(a)(i) the ship or its machinery or equipment; or Section 302(2)(a)(ii) any part of the ship or its machinery or equipment; Section 302(2)(b) under manning; Section 302(2)(c) overloading or unsafe or improper loading; or Section 302(2)(d) any other matter relevant to the safety of the ship, - 303 Verify source ↗
UNSAFE SHIPS - 303. Compensation and security for compensation
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.
Section 303. Compensation and security for compensation Section 303(1) Subject to subsection (2), where a ship is detained under the provisions of this Act or any regulations made under this Act and the owner of the ship proves to the satisfaction of the Director-General that there was no reasonable cause for the detention of the ship, the Government may pay compensation to the owner of the ship for any loss or damage sustained by the owner by reason of such detention. Section 303(2) In determining whether to pay such compensation and the amount thereof, the Government shall have regard to the provisions of any international agreement signed on behalf of the Government. Section 303(3) Subject to subsection (4), where a complaint is made to the Cabinet Secretary or the Director-General that a Kenyan ship is unsafe, or otherwise does not comply with the provisions of this Act or any regulations made under this Act, the Cabinet Secretary may, if he deems fit, require the complainant to give security to the satisfaction of the Cabinet Secretary for any compensation which may become payable by the Government pursuant to subsection (1). Section 303(4) The security referred to in subsection (3) shall not be required where the complaint is made by one fourth, being not less than three, of the seafarers belonging to the ship, and is not in the opinion of the Director-General frivolous or vexatious. Section 303(5) Where a ship is detained in consequence of any complaint, and the circumstances are such that the Government decides to pay compensation to the owner of the ship pursuant to subsection (1), the complainant shall be liable to pay to the Government all such compensation as the Government may pay under subsection (1) in respect of the detention of the ship. - 304 Verify source ↗
UNSAFE SHIPS - 304. Liability of owner and master
Persons committing an offence under this section face a fine up to five hundred thousand shillings, imprisonment up to six months, or both.
Section 304. Liability of owner and master Section 304(1)(a) in a port in Kenya; or Section 304(1)(b) a Kenyan ship and is in any other port, Section 304(2)(a) directly, under the terms of a charter party or management agreement made with the owner; or Section 304(2)(b) indirectly, under the terms of a series of charter parties or management agreements, Section 304(3) A person who commits an offence under this section shall be liable, upon conviction, to a fine not exceeding five hundred thousand shillings, or imprisonment for a term not exceeding six months, or both. Section 304(4)(a) appropriate arrangements had been made to ensure that before the ship went to sea, it was made fit to do so without serious danger to human life by reason of the matters relevant to its safety which are specified in the charge; or Section 304(4)(b) it was reasonable for such arrangements not to have been made. Section 304(5)(a) where the accused is the owner, his responsibilities with respect to the matters relevant to the ship’s safety; or Section 304(5)(a)(i) where the accused is the owner, his responsibilities with respect to the matters relevant to the ship’s safety; or Section 304(5)(a)(ii) where the accused shall be liable to proceedings under this section by virtue of subsection (2), so much of those responsibilities as had been assumed by him as mentioned in that subsection, Section 304(5)(b) in all the circumstances of the case, the accused had taken such steps as it was reasonable for him to take, and exercised such diligence as it was reasonable for him to exercise, to secure the proper discharge of the relevant responsibilities during the period during which they had been assumed by some other person or persons as mentioned in paragraph (a), Section 304(6)(a) whether prior to the time of the alleged offence the accused was, or in all the circumstances ought reasonably to have been, aware of any deficiency in the discharge of the relevant responsibilities; and Section 304(6)(b) terminate it; or Section 304(6)(b)(i) terminate it; or Section 304(6)(b)(ii) intervene in the management of the ship, Section 304(7) In this section— “management agreement”, in relation to a ship, means any agreement (other than a charter party, or a contract of employment) under which the ship is managed, either wholly or in part, by a person other than the owner (whether on behalf of the owner or on behalf of some other person); and “relevant responsibilities” shall be construed in accordance with subsection (5). Section 304(8) References in this section to responsibilities being assumed by a person under the terms of a charter party or management agreement are references to their being so assumed by him whether or not he has entered into a further charter party or management agreement providing for them to be assumed by some other person. - 305 Verify source ↗
UNSAFE SHIPS - 305. Use of unsafe vessels
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.
Section 305. Use of unsafe vessels Section 305(1)(a) the defective condition of its hull or equipment; Section 305(1)(b) overloading or improper loading; or Section 305(1)(c) under manning, Section 305(2) This section does not affect the liability of the owners of any lighter, barge or like vessel in respect of loss of life or personal injury caused to any person carried in the vessel. - 306 Verify source ↗
UNSAFE SHIPS - 306. Liability of owner for unsafe operation of ship
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.
Section 306. Liability of owner for unsafe operation of ship Section 306(1) It shall be the duty of the owners of a ship to which this section applies to take all reasonable steps to ensure that the ship is operated in a safe manner. Section 306(2)(a) any Kenyan ship; and Section 306(2)(b) registered under the law of, or flies the flag of, any country other than Kenya; and Section 306(2)(b)(i) registered under the law of, or flies the flag of, any country other than Kenya; and Section 306(2)(b)(ii) within Kenyan waters while proceeding to or from a port in Kenya, Section 306(3) Where the owner of a ship to which this section applies fails to discharge the duty imposed on him by subsection (1), he commits an offence and shall be liable, upon conviction, to a fine not exceeding three hundred thousand shillings, or imprisonment for a term not exceeding six months, or both. Section 306(4)(a) to the charterer under the charter by demise; Section 306(4)(b) to any such manager as mentioned in this subsection; or Section 306(4)(c) if the ship is both chartered and managed as mentioned in this subsection, to both the charterer and any such manager,
Part XIII
VESSELS OPERATING IN INLAND WATERS
- 307 Verify source ↗
VESSELS OPERATING IN INLAND WATERS - 307. Regulations
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.
Section 307. Regulations Section 307(1) The Cabinet Secretary may make regulations in respect of vessels operating in inland waters including near coastal voyages. Section 307(2)(a) safety of navigation; Section 307(2)(b) safety of such vessels; Section 307(2)(c) passenger list; Section 307(2)(d) cargo that may be carried and the method of storing the cargo; Section 307(2)(e) the safety equipment to be carried aboard such vessels; Section 307(2)(f) sanitary requirements, ventilation, lighting access, shelter, screens, cooking and toilet facilities for deck and unberthed passengers; Section 307(2)(g) fees to be charged for any licences; Section 307(2)(h) qualifications of seaman on board such vessels; Section 307(2)(i) maintenance of good order on board such vessels; Section 307(2)(j) penalty for damaging navigational aid; Section 307(2)(k) notification by master of a sunken vessel to the Authority; Section 307(2)(l) lights to be carried and exhibited and the steering and sailing rules to be observed; Section 307(2)(m) duties of masters of vessels carrying explosives and dangerous cargoes; Section 307(2)(n) licensing, supervision and regulation of boats and boatmen plying for hire and for securing the orderly conduct of such boatmen; Section 307(2)(o) surveys and inspection; Section 307(2)(p) issue of safety certificates; Section 307(2)(q) provision of evidence of financial responsibility or security against risks of damage to third parties; Section 307(2)(r) number of passengers to be carried on such vessels; Section 307(2)(s) safe manning scale for such vessels; Section 307(2)(t) crew lists; and Section 307(2)(u) any other matter that the Cabinet Secretary may deem fit to enhance the safety and security for vessels plying the inland water as well as preserve the aquatic environment. Section 307(3) In making the regulations referred to in this section, the Cabinet Secretary shall take into consideration regional agreements that may have been concluded and adopted by Kenya in that respect.
Part XIV
WRECK AND SALVAGE
- 308 Verify source ↗
WRECK AND SALVAGE - 308. Superintendence of Director-General
The Director-General must supervise all matters relating to wreck and may appoint receivers of wreck by notice in the Gazette.
Section 308. Superintendence of Director-General Section The Director-General shall have the general superintendence of all matters relating to wreck and may, by notice in the Gazette , appoint any person to be a receiver of wreck in any district and to perform the duties of a receiver under this Part. - 309 Verify source ↗
WRECK AND SALVAGE - 309. Fees and expenses of receiver
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.
Section 309. Fees and expenses of receiver Section 309(1) The receiver shall be repaid the expenses properly incurred by him in the performance of his duties and also the fees as the Cabinet Secretary may, by regulations, establish. Section 309(2) The receiver shall, in addition to all other rights and remedies for the recovery of expenses and fees, have the same rights and remedies in respect thereof that a salvor has in rest of salvage due to him and may, if the property in respect of which any such expenses and fees are due is not under arrest in any court, seize or detain the property until the expenses and fees are paid, or until security is given for them to his satisfaction. - 310 Verify source ↗
WRECK AND SALVAGE - 310. Duties of receiver
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 310. Duties of receiver Section 310(1) When a vessel is wrecked, stranded or in distress at a place on or near the coast of Kenya, the receiver shall, upon being made acquainted with the stranding or distress forthwith proceed to the place, and upon his arrival there, he shall take the command of all persons present and assign such duties and give such directions to each person as he deems fit for the preservation of the vessel and of the lives of the persons belonging to the vessel, hereinafter referred to as ship-wrecked persons, and of the cargo and apparel of the vessel. Section 310(2) If any person disobeys the directions of the receiver, such a person commits an offence and shall be liable, upon conviction, to a fine not exceeding two hundred thousand shillings, or to imprisonment for a term not exceeding twelve months, or to both such fine and imprisonment, but the receiver shall not interfere between the master and crew of the vessel in reference to the management of the vessel, unless he is asked to do so by the master. - 311 Verify source ↗
WRECK AND SALVAGE - 311. Powers of receiver
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.
Section 311. Powers of receiver Section 311(1)(a) require such persons, as he deems necessary, to assist him; Section 311(1)(b) require the master or other person having the charge of any vessel near at hand to give such aid with his men or vessel as is in his power; and Section 311(1)(c) demand the use of any machinery or vehicles or equipment that is obtainable. Section 311(2) The receiver may cause to be arrested and kept in custody, until he can be conveniently taken before a court to be dealt with according to law, any person who plunders, creates disorder or obstructs the preservation of a vessel wrecked, stranded or in distress on or near the coast of Kenya, and may use reasonable force for the suppression of plundering, disorder or obstruction, and may command all persons in the vicinity to assist him. - 312 Verify source ↗
WRECK AND SALVAGE - 312. Passage over adjoining land
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.
Section 312. Passage over adjoining land Section 312(1) Whenever a vessel is stranded, wrecked or in distress, any person may, for the purpose of rendering assistance to the vessel or of saving the lives of the shipwrecked persons or of saving the cargo or apparel of the vessel, pass and repass, with or without vehicles and equipment, over any adjoining lands without being subject to interruption by the owner or occupier, unless there is some public road equally convenient, and also deposit on those lands any cargo or other things recovered from the vessel, but those persons shall not do any more damage than is reasonably necessary. Section 312(2) Any damage sustained by the owner or occupier in consequence of the exercise of the rights conferred by this section shall be a charge on the vessel, cargo or articles in respect of or by which the damage is occasioned, and the amount payable in respect of the damage shall, in case of dispute, be determined, and shall in default of payment be recoverable, in the same manner as the amount of salvage is under this Part determined or recoverable. Section 312(3) If the owner or occupier of any property hinders or obstructs any person exercising the rights conferred by subsection (1), he commits an offence and shall be liable, upon conviction, to a fine not exceeding fifty thousand shillings, or to imprisonment for a term not exceeding three months, or to both such fine and imprisonment. - 313 Verify source ↗
WRECK AND SALVAGE - 313. Immunity of receiver
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 313. Immunity of receiver Section Where a receiver or a person acting under his order is engaged in the execution of the duties imposed on the receiver by this Part, and some other person resists the receiver or person and is killed, maimed or hurt by reason of his resistance, no action, suit or prosecution against the receiver or person shall be maintainable by or on behalf of the person killed, maimed or hurt, unless the receiver or person has used more force than was, in the circumstances, reasonably necessary. - 314 Verify source ↗
WRECK AND SALVAGE - 314. Obstruction of receiver
Section 314. Obstruction of receiver
Section 314. Obstruction of receiver - 315 Verify source ↗
WRECK AND SALVAGE - 315. Duty of person taking possession of wreck
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.
Section 315. Duty of person taking possession of wreck Section 315(1) Whenever a person takes possession of a wreck in Kenya, he shall as soon as possible deliver the wreck to the receiver, but the receiver may dispense with delivery in the case of any wreck upon such condition as he deems fit. Section 315(2) This section shall apply to a wreck found derelict at sea outside Kenya and brought into Kenya. Section 315(3) If any person who has taken possession of a wreck fails without reasonable cause to comply with this section, he commits an offence and upon conviction, shall be liable to a fine not exceeding double the value of the wreck and to forfeit any claim or right to salvage with relation to the wreck. - 316 Verify source ↗
WRECK AND SALVAGE - 316. Concealment of wreck
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.
Section 316. Concealment of wreck Section 316(1) Where a receiver suspects or receives information that a wreck is secreted or in the possession of some person who is not its owner or that a wreck is otherwise improperly dealt with, he may apply to a magistrate for a search warrant and that magistrate shall have power to grant the warrant, and the receiver, by virtue of the warrant may enter any house or other place wherever situated and also any vessel and search for, seize and detain any wreck there found. Section 316(2) If the seizure of a wreck is made in consequence of information given by a person to the receiver, the informer shall be entitled, by way of salvage, to such sum as the receiver may allow under instructions from the Director-General. - 317 Verify source ↗
WRECK AND SALVAGE - 317. Notice of wreck
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.
Section 317. Notice of wreck Section Where a receiver takes possession of a wreck and does not know who owns it, he shall, within forty eight hours, cause to be posted in the customs house nearest to the place where the wreck was found or was seized by or delivered to him a description of the wreck and of any mark by which it is distinguished, and shall transmit a similar description to the Director-General, who may give such publicity to the description as he deems fit. - 318 Verify source ↗
WRECK AND SALVAGE - 318. Claiming of wreck by owner
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.
Section 318. Claiming of wreck by owner Section 318(1) Where a wreck is in the possession of the receiver, and its owner establishes his claim to the wreck to the satisfaction of the receiver within six months from the time the wreck came into the possession of the receiver, the owner shall, upon paying the customs duty, if any, and the salvage fees and expenses due, be entitled to have the wreck or the proceeds of sale of the wreck delivered up to him or his agent. Section 318(2) Where any such wreck is proved to the satisfaction of the receiver to belong to a foreign owner, any consular officer in Kenya of the country to which the owner of the wreck belongs shall, in the absence of the owner or his agent, be deemed to be the agent of the owner so far as relates to the custody and disposal of the wreck. - 319 Verify source ↗
WRECK AND SALVAGE - 319. Sale of wreck by receiver
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.
Section 319. Sale of wreck by receiver Section Where a wreck is in the possession of a receiver, and it is, in his opinion, to the advantage of all parties to sell wreck, or the wreck consists of goods of a dangerous or perishable nature, the receiver may immediately sell the wreck, and the proceeds of sale, after levying customs duty, if any, and defraying the expenses of the sale, shall be held by the receiver for the same purposes and subject to the same claims, rights and liabilities as if the wreck had remained unsold. - 320 Verify source ↗
WRECK AND SALVAGE - 320. Sale of unclaimed wreck
Sale of unclaimed wreck, deducting from the proceeds the expenses of the sale, any customs duty payable and any other expenses incurred by him
Section 320. Sale of unclaimed wreck Section deducting from the proceeds the expenses of the sale, any customs duty payable and any other expenses incurred by him; and - 321 Verify source ↗
WRECK AND SALVAGE - 321. Discharge of receiver
Discharge of receiver
Section 321. Discharge of receiver - 322 Verify source ↗
WRECK AND SALVAGE - 322. Removal of wreck in port
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.
Section 322. Removal of wreck in port Section 322(1)(a) take possession of and raise, remove or destroy the whole or any part of the vessel; Section 322(1)(b) light or buoy the vessel or part until it is raised, removed or destroyed; Section 322(1)(c) sell, in such manner as he deems fit, the vessel or part when so raised or removed, and also any other property recovered in the exercise of his powers under this section, and out of the proceeds of the sale reimburse himself for the expenses incurred by him in relation thereto under this section, and shall hold the surplus, if any, of the proceeds on deposit for paying to the person establishing his right to it: Provided that such deposit shall be forfeited unless such person makes his claim within one year of the sale; or Section 322(1)(d) if the expenses connected with the raising, removal or destruction of the vessel exceed the value of any property recovered, the excess shall be a debt due to the port authority from the person who was the owner of the vessel at the time when the vessel was sunk, stranded or abandoned. Section 322(2) Where a vessel is run aground or stranded in a port under the control of the port authority or in or near the approaches thereto, and it appears expedient to the port authority to take charge of the operation of refloating the vessel, he may appoint an officer to direct the operation, and the officer shall be authorised to do all things which in his opinion are necessary to refloat the vessel, and the master and all person present belonging to the ship shall obey the directions of the officer and render him such assistance as he may require. - 323 Verify source ↗
WRECK AND SALVAGE - 323. Removal of wreck on coast
Removal of wreck on coast.
Section 323. Removal of wreck on coast - 324 Verify source ↗
WRECK AND SALVAGE - 324. Non-application to platforms and drilling units
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.
Section 324. Non-application to platforms and drilling units Section Sections 326 to 359 shall not apply to fixed or floating platforms or to mobile off-shore drilling units which such platforms or units are on location engaged in the exploration, exploitation or production of sea-bed mineral resources. - 325 Verify source ↗
WRECK AND SALVAGE - 325. Non-application to foreign state-owned vessels
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.
Section 325. Non-application to foreign state-owned vessels Section 325(1) Sections 326 to 359 shall not apply to warships or other non-commercial vessels owned or operated by a foreign State and entitled at the time of salvage operations, to sovereign immunity under generally recognised principles of international law, unless that State has decided to apply the Salvage Convention to such ships or vessels. Section 325(2) For the purposes of any proceedings under this Act, a certificate signed by the Secretary General of the Organization, setting out a State’s decision to apply the Salvage Convention to ships and vessels referred to in subsection (1), and the terms and conditions of such application, shall be prima facie evidence of the facts stated therein. - 326 Verify source ↗
WRECK AND SALVAGE - 326. Life salvage
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.
Section 326. Life salvage Section 326(1)(a) wholly or in part in Kenyan waters in saving life from any vessel; or Section 326(1)(b) outside Kenyan waters, in saving life from any Kenyan vessel, Section 326(2) Salvage in respect of the preservation of life, when payable by the owners of a vessel, shall have priority over all other claims for salvage. Section 326(3) Under no circumstances shall salvage be due from a person whose life has been saved. - 327 Verify source ↗
WRECK AND SALVAGE - 327. Salvage of cargo
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.
Section 327. Salvage of cargo Section 327(1)(a) assisting the vessel or saving the cargo or equipment of the vessel or any part thereof; Section 327(1)(b) other than the receiver in saving any wreck, Section 327(2) A salvor of human life, who has participated in services rendered in the event of a maritime casualty giving rise to salvage, shall be entitled to a fair share of the remuneration awarded to the salvor for salving the vessel or other property or preventing or minimising damage to the environment. - 328 Verify source ↗
WRECK AND SALVAGE - 328. Services excluded from salvage
Salvage services provided despite an express and reasonable prohibition by the vessel, aircraft or the owner of the property are excluded from salvage.
Section 328. Services excluded from salvage Section in respect of salvage services rendered contrary to any express and reasonable prohibition of such services on the part of the vessel or aircraft or by the owner of property to which such services are rendered; - 329 Verify source ↗
WRECK AND SALVAGE - 329. Conditions for salvage remuneration
A salvor is entitled to remuneration under this Part even if the salvor and the salved property belong to the same owner.
Section 329. Conditions for salvage remuneration Section 329(1) Except as otherwise provided in section 326, no remuneration shall be due under this Act if the salvage operations had no useful result. Section 329(2) A salvor shall be entitled to remuneration under this Part notwithstanding that the vessel performing the salvage operation and the vessel, cargo or other property salved belong to the same owner. - 330 Verify source ↗
WRECK AND SALVAGE - 330. Salvage contracts
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.
Section 330. Salvage contracts Section 330(1) Sections 326 to 359 shall apply to any salvage operation unless a contract expressly or by implication provides otherwise. Section 330(2) The master of a Kenyan vessel shall have the authority to conclude contracts for salvage operations on behalf of the owner of the vessel, and the master and the owner of a Kenyan vessel shall have the authority to conclude contracts on behalf of the owner of property on board the vessel. Section 330(3) Nothing in this section shall affect the application of section 331 or the duties to prevent or minimise damage to the environment provided in paragraph (b) of section 332 and paragraph (b) of section 333. - 331 Verify source ↗
WRECK AND SALVAGE - 331. Annulment or modification of contracts
Contracts entered into under undue influence or the influence of danger, whose terms are inequitable, may be annulled or modified.
Section 331. Annulment or modification of contracts Section contract had been entered into under undue influence or the influence of danger and its terms are inequitable; or - 332 Verify source ↗
WRECK AND SALVAGE - 332. Duties of salvor
A salvor must carry out the salvage operation with due care.
Section 332. Duties of salvor Section carry out the salvage operation with due care; - 333 Verify source ↗
WRECK AND SALVAGE - 333. Duties of owner and master
The owner and master must cooperate fully with him during the course of the salvage operations.
Section 333. Duties of owner and master Section to cooperate fully with him during the course of the salvage operations; - 334 Verify source ↗
WRECK AND SALVAGE - 334. Powers of Director-General
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.
Section 334. Powers of Director-General Section 334(1)(a) give directions in relation to any salvage operation; and Section 334(1)(b) take measures in accordance with generally recognised principles of international law to protect the environment from pollution following a maritime casualty or acts relating to such casualty which may reasonably be expected to result in harmful consequences. Section 334(2) The Director-General shall, in giving directions and taking measures under subsection (1), take into account the need for co-operation between salvors, other interested parties and the public authorities in order to ensure the efficient and successful performance of salvage operations for the purpose of saving life or property in danger as well as preventing damage to the environment in general. Section 334(3) Any public officer or other person acting under directions as referred to in this section shall be under a duty to exercise due care in preventing or minimising damage to the environment. Section 334(4)(a) the procurement and provision of facilities to salvors; Section 334(4)(b) the admittance to the port of vessels in distress; Section 334(4)(c) ensuring the efficient and successful performance of the salvage operation for the purpose of salving life or property; and Section 334(4)(d) preventing or minimising damage to the environment. - 335 Verify source ↗
WRECK AND SALVAGE - 335. Criteria for fixing salvage rewards
Salvage rewards are fixed based on "the salved value of the vessel and other property."
Section 335. Criteria for fixing salvage rewards Section the salved value of the vessel and other property; - 336 Verify source ↗
WRECK AND SALVAGE - 336. Responsibility for payment of award
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.
Section 336. Responsibility for payment of award Section 336(1) Payment of a reward fixed in accordance with section 335 shall be made by all of the owners of the vessel and other property interests in proportion to their respective salved values. Section 336(2) For expediency, the ship owner shall pay the reward on behalf of all interests referred to in subsection (1) subject to his retaining the right to be reimbursed by these other interests. Section 336(3) The ship owner who makes the payment under subsection (2) may require the other interests to provide security not exceeding the values of their respective salved interests until he has been fully reimbursed. - 337 Verify source ↗
WRECK AND SALVAGE - 337. Quantum of reward
The salvage award must not exceed the salved value of the vessel and other property salved.
Section 337. Quantum of reward Section The salvage award, excluding any interest and recoverable legal costs that may be payable thereon, shall not exceed the salved value of the vessel and other property salved. - 338 Verify source ↗
WRECK AND SALVAGE - 338. Special compensation
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.
Section 338. Special compensation Section 338(1) Where a salvor has carried out salvage operations in respect of a vessel which by itself or its cargo threatened damage to the environment, and has failed to earn a reward under this Part equivalent at least to the special compensation assessable under subsection (2), he shall be entitled to special compensation from the owner of that vessel equivalent to his expenses as defined in subsection (3). Section 338(2) Where, in the circumstances set out in subsection (1), the salvor by his salvage operations has prevented or minimised damage to the environment, the special compensation payable by the owner to the salvor under subsection (1) may be increased up to a maximum of thirty per cent of the expenses incurred by the salvor, and the Court or person determining the award may, where it or he deems it fair and just, increase such special compensation further, bearing in mind the criteria set out in section 335, but in no event shall the total increase be more than one hundred per cent of the expenses incurred by the salvor. Section 338(3) For the purposes of subsections (1) and (2), “salvor’s expenses” means the out of pocket expenses reasonably incurred by the salvor in the salvage operation, and a fair rate for equipment and personnel actually and reasonably used in the salvage operation, taking into consideration the criteria set out in section 335(h), (i) and (j). Section 338(4) The total special compensation assessable under this section shall be paid only if and to the extent that such compensation is greater than any reward recoverable under section 335. Section 338(5) Where the salvor, in carrying out the salvage operations, has acted negligently and has thereby failed to prevent or minimise damage to the environment, he may be deprived of the whole or a part of any special compensation payable under this section. Section 338(6) Nothing in this section shall affect any right of recourse available to the owner of the vessel. - 339 Verify source ↗
WRECK AND SALVAGE - 339. Services rendered under existing contract
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.
Section 339. Services rendered under existing contract Section 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. - 340 Verify source ↗
WRECK AND SALVAGE - 340. Apportionment between salvors
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.
Section 340. Apportionment between salvors Section 340(1) The apportionment between salvors of a reward fixed under section 335 shall be made on the basis of the criteria listed in that section. Section 340(2) The apportionment between the owner, master and other persons in the service of each salving vessel shall be determined by the law of the state in which such vessel is registered. Section 340(3) Where the salvage referred to in subsection (1) has not been carried out from a vessel, the apportionment shall be determined by the law governing the contract between the salvor and his servant, and in the absence of formal contract, the court or person determining the apportionment and disbursement shall apply general principles of law and equity according to the merits of the cases in order to reach a just and equitable decision. - 341 Verify source ↗
WRECK AND SALVAGE - 341. Salvor’s misconduct
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.
Section 341. Salvor’s misconduct Section A salvor may be deprived of the whole or part of the payment due to him under this Part to the extent that the salvage operation has become necessary or more difficult because of fault or neglect on his part, or if the salvor has been guilty of fraud or other dishonest conduct. - 342 Verify source ↗
WRECK AND SALVAGE - 342. Maritime lien
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.
Section 342. Maritime lien Section Nothing in this Part shall affect a salvor’s maritime lien under any law of Kenya, provided however that the salvor may not enforce his maritime lien when reasonable security for his claim, including interest and costs, has been tendered or provided. - 343 Verify source ↗
WRECK AND SALVAGE - 343. Duty to provide security
Certain persons must provide security for salvor’s claims; courts may determine the amount and terms.
Section 343. Duty to provide security Section 343(1) A person liable for a payment under this Part shall, upon the request of the salvor, give security to the satisfaction of the salvor for the claim, including interest and costs of the salvor. Section 343(2) Without prejudice to subsection (1), the owner of the salved vessel shall take all reasonable steps to ensure that the owner of the cargo provides security to the satisfaction of such owner of the vessel or of the salvor for the claims against them, including interest and costs, before the cargo is released. Section 343(3) The salved vessel and property shall not, without the consent of the salvor, be removed from the port or place at which they first arrive after the completion of the salvage operation, until security to the satisfaction of the salvor has been put up for the salvor’s claim against the relevant vessel or property. Section 343(4) In the event of any dispute between the salvor and a person liable for a payment under this Part, or between the owner of the vessel and the owner of the cargo referred to in subsection (2), relating to the security to be provided under this section, the court or tribunal having jurisdiction over the salvors’ claim may, upon the application of any such party in that behalf, decide the amount and the terms of such security. - 344 Verify source ↗
WRECK AND SALVAGE - 344. Interim payment
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.
Section 344. Interim payment Section 344(1) The court or person adjudicating the claim of the salvor may, upon the application of the salvor, make an interim order for payment to the salvor of such amount as the Court or person may deem fair and just, and on such terms, including terms as to security where appropriate, as may be fair and just in the circumstances of the case. Section 344(2) In the event of any interim payment under subsection (1), the security provided under section 343 shall be reduced accordingly. - 345 Verify source ↗
WRECK AND SALVAGE - 345. Non-detention, etc., of State-owned cargo
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.
Section 345. Non-detention, etc., of State-owned cargo Section Non-commercial cargo owned by a State and entitled, at the time of salvage operations, to sovereign immunity under generally recognised principles of international law, shall not be subject to seizure, arrest or detention by any legal process, or to any in rem proceedings, without the express consent of the State owner of such cargo. - 346 Verify source ↗
WRECK AND SALVAGE - 346. Non-detention, etc., of humanitarian cargo
Humanitarian cargo donated by a State is exempt from seizure, arrest or detention if the State has agreed to pay for salvage services.
Section 346. Non-detention, etc., of humanitarian cargo Section No humanitarian cargo donated by a State shall be subject to seizure, arrest or detention, where such State has agreed to pay for salvage service rendered in respect of such humanitarian cargo. - 347 Verify source ↗
WRECK AND SALVAGE - 347. Determination of salvage dispute
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.
Section 347. Determination of salvage dispute Section 347(1) Disputes as to the amounts of salvage, whether rendered within or outside Kenya arising between the salvor and the owners of any vessel, cargo, apparel or wreck shall, if not settled by agreement, arbitration or otherwise, be determined in accordance with subsection (2). Section 347(2) Subject to subsection (1), disputes as to salvage shall be determined by the Court, but if the claimant does not recover in the Court more than one million shillings, he shall not be entitled to recover any costs, charges or expenses incurred by him in the prosecution of his claim unless the Court certifies that the case is a fit one to be tried by the Court. Section 347(3) A dispute relating to salvage may be determined on the application either of the salvor or of the owner of the property salved, or of their respective agents. Section 347(4) The Court or the arbitrators to whom a dispute as to salvage is referred for determination may, for the purpose of determining any such dispute, call to their assistance, as an assessor, any person knowledgeable in maritime affairs, and there shall be paid as part of the costs of the proceedings to every such assessor in respect of his services such sum as may be prescribed. - 348 Verify source ↗
WRECK AND SALVAGE - 348. Appeal
If a salvage dispute is decided by the Court or by arbitration, any party aggrieved may appeal the decision.
Section 348. Appeal Section Where a dispute relating to salvage has been determined by the Court or by arbitration, any party aggrieved by the decision may appeal therefrom, in like manner as in the case of any other judgement. - 349 Verify source ↗
WRECK AND SALVAGE - 349. Valuation of salved property
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.
Section 349. Valuation of salved property Section 349(1) Where any dispute relating to salvage arises, the receiver may, on the application of either party, appoint a valuer to value the property, and when the valuation has been made, shall give copies thereof to both parties. Section 349(2) A copy of the valuation purporting to be signed by the valuer and certified as a true copy by the receiver, shall be admissible as evidence in any subsequent proceedings. Section 349(3) Such fee as the Director-General may direct shall be paid in respect of any valuation made under this section by the person applying for such valuation. - 350 Verify source ↗
WRECK AND SALVAGE - 350. Detention of property
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.
Section 350. Detention of property Section 350(1)(a) services rendered in assisting any vessel or in saving life therefrom or in saving the cargo or equipment thereof, detain the vessel or cargo or equipment; and Section 350(1)(b) the saving of any wreck, and the wreck is not sold as unclaimed under this Part, detain the wreck. Section 350(2) Subject to subsection (3), the receiver shall detain the vessel and the cargo and equipment or the wreck, as the case may be, until payment is made for salvage or process is issued for the arrest or detention of the property by the court. Section 350(3) The receiver may release any property detained under subsection (2) where security is given to his satisfaction, or, where the claim for salvage exceeds one million shillings, and any question is raised as to the sufficiency of the security to the satisfaction of the court. Section 350(4) Any security given for salvage in pursuance of this section to an amount exceeding one million shillings may be enforced by the court in the same manner as if bail had been granted in that court. - 351 Verify source ↗
WRECK AND SALVAGE - 351. Sale of detained property
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.
Section 351. Sale of detained property Section 351(1)(a) where the amount is not disputed and payment of the amount due is not made within twenty days after it has become due; Section 351(1)(b) where the amount is disputed but no appeal lies from the decision of the first court to which the dispute was referred, and payment is not made within twenty days after the decision of the court; Section 351(1)(c) where the amount is disputed and an appeal lies from the decision of the first court to which the dispute is referred, and within thirty days after the decision of the first court, neither payment of the sum due is made nor proceedings are commenced for an appeal. Section 351(2) The proceeds of sale of detained property shall, after payment of the expenses of the sale, be applied by the receiver in payment of the expenses, fees and salvage, and any excess shall be paid to the owners of the property, or any other persons entitled to it or in the absence of any such owners or person, into the Treasury. Section 351(3) In this section, “detained property” means property detained by the receiver under section 350. - 352 Verify source ↗
WRECK AND SALVAGE - 352. Apportionment of salvage by the receiver
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.
Section 352. Apportionment of salvage by the receiver Section 352(1) Where the aggregate amount of salvage payable in respect of salvage services rendered in Kenya has been finally determined either by the court in the manner provided by this Part or by agreement, and does not exceed one million shillings, but a dispute arises as to the apportionment thereof among several claimants, the person liable to pay such amount may apply to the receiver for leave to pay it to him. Section 352(2) The receiver shall, if he deems fit, receive the amount referred to in subsection (1) and if he does, he shall give to the person paying it, a certificate stating the amount paid and the services in respect of which it is paid. Section 352(3) A certificate granted under subsection (2) shall be a full discharge and indemnity to the person by whom the amount was paid and to his vessel, cargo, equipment and effects, against the claims of all persons in respect of the services mentioned in the certificate. Section 352(4) The receiver shall promptly distribute any amount received by him under this section among the persons entitled thereto, on such evidence and in such shares and proportions as he deems fit, and may retain any money which appears to him to be payable to any person who is absent. Section 352(5) Any decision by the Receiver under subsection (4) shall be made on the basis of the criteria set out in section 335. Section 352(6) A distribution of any amount made by the receiver in pursuance of this section shall be final and conclusive as against all persons claiming to be entitled to any portion of the amount distributed. - 353 Verify source ↗
WRECK AND SALVAGE - 353. Apportionment of salvage by Court
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.
Section 353. Apportionment of salvage by Court Section 353(1)(a) cause such amount to be apportioned among the persons entitled thereto in such manner as it thinks just, and may for that purpose, if it deems fit, appoint any person to carry that apportionment into effect; Section 353(1)(b) compel any person in whose hands or under whose control the amount may be to distribute such amount or to bring it into court to be dealt with as the court directs, and for the purposes aforesaid issue such process as it thinks fit. Section 353(2) Any decision of the court under this section shall be made on the basis of the criteria set out in section 335. - 354 Verify source ↗
WRECK AND SALVAGE - 354. Salvor’s right to interest
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.
Section 354. Salvor’s right to interest Section A salvor shall be entitled to be paid interest on any payment due to him under this Part, and the amount of such interest shall be at the discretion of the court or person adjudicating the case. - 355 Verify source ↗
WRECK AND SALVAGE - 355. Application to the Government
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.
Section 355. Application to the Government Section 355(1) Where civil salvage services are rendered by or on behalf of the Government, or with the aid of Government property, the Government shall, subject to any regulations made under this section, be entitled to claim salvage in respect of those services to the same extent, and shall have the same rights and remedies as any other salvor. Section 355(2) Subject to the provisions of any law for the time being in force relating to proceedings against the Government, and of any regulations made under this section, the provisions of this Part, except and to such extent as may be prescribed, shall apply in relation to salvage services rendered in assisting any ship of the Government, or in saving life therefrom, or in saving any cargo or equipment belonging to the Government, in the same manner as if the ship, cargo or equipment belonged to a private person. - 356 Verify source ↗
WRECK AND SALVAGE - 356. Regulations
The Cabinet Secretary may make regulations to apply or modify this Part for certain ships and services.
Section 356. Regulations Section The Cabinet Secretary may make regulations providing for the application or modification of the provisions of this Part to ships referred to in section 355(2), and in relation to the services referred to in section 355(1). - 357 Verify source ↗
WRECK AND SALVAGE - 357. Time limit for salvage proceedings
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.
Section 357. Time limit for salvage proceedings Section 357(1) No action shall be instituted in respect of any salvage services unless proceedings therein are commenced within two years after the date on which the salvage operations were terminated; but the court may extend any such period to such extent and on such conditions as it considers fit. Section 357(2) An action for indemnity by a person liable under this Part may be instituted within two years after the date of termination of the salvage operations, but the court may extend the limitation period to such extent and on such conditions as it considers fit. - 358 Verify source ↗
WRECK AND SALVAGE - 358. Fixing of reward and assessment of compensation
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.
Section 358. Fixing of reward and assessment of compensation Section In fixing a reward under sections 335, 336 and 337, and assessing special compensation under section 338, the court or arbitrator is under no duty to fix a reward under sections 335, 336 and 337, up to the maximum salved value of the vessel and other property before assessing the special compensation to be paid under section 338. - 359 Verify source ↗
WRECK AND SALVAGE - 359. Payment for life salvage
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.
Section 359. Payment for life salvage Section 359(1)(a) services are rendered wholly or in part in Kenyan waters in saving life from a vessel of any nationality or elsewhere in saving life from any Kenyan ship; and Section 359(1)(b) vessel and other property are destroyed; or Section 359(1)(b)(i) vessel and other property are destroyed; or Section 359(1)(b)(ii) sum to which the salvor is entitled under section 327(2) is less than a reasonable amount for the services rendered in saving life. Section 359(2) Where this section applies, the Cabinet Secretary may pay to the salvor such sum or, as the case may be, such additional sum as he deems fit in respect of the services rendered in saving life.
Part XIX
INQUIRIES AND INVESTIGATION INTO MARINE CASUALTIES
- 421 Verify source ↗
INQUIRIES AND INVESTIGATION INTO MARINE CASUALTIES - 421. Shipping casualties
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.
Section 421. Shipping casualties Section 421(1)(a) the loss or presumed loss, stranding, grounding, abandonment of, or damage to, a ship; Section 421(1)(b) a loss of life or serious injury to any person, caused by fire on board, or by any accident to a ship or ship’s boat, or by any accident occurring on board a ship or ship’s boat; or Section 421(1)(c) any damage caused by a ship, Section 421(2) Whether or not a preliminary inquiry into the casualty has been held under subsection (1), the Cabinet Secretary may cause a formal investigation to be held by a Board appointed for that purpose. - 422 Verify source ↗
INQUIRIES AND INVESTIGATION INTO MARINE CASUALTIES - 422. Formal investigation
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.
Section 422. Formal investigation Section 422(1) A Board holding a formal investigation into a shipping casualty under section 421 shall consist of a Judge of the High Court or a chief magistrate or an advocate of at least ten years standing, who shall be assisted by one or more assessors appointed by the Cabinet Secretary, such assessors being persons with requisite skills and knowledge in maritime matters. Section 422(2) Where in any investigation, any question as to the cancellation or suspension of the certificate issued to an officer in pursuance of any regulations made under section 170(5)(c) is likely to arise, there shall be not less than two assessors. Section 422(3) Where as a result of the investigation the Board is satisfied, with respect to any officer, or any of the matters mentioned in section 182(1) and, if it is a matter mentioned in paragraph (a) or (b) of that section, is further satisfied that it caused or contributed to the accident, the Board may cancel or suspend any certificate issued to the officer under regulations made pursuant to section 170(5)(c) or censure him, and where the Board cancels or suspends the certificate, the officer shall deliver the certificate to the Board or the Director-General. Section 422(4) Where a person fails to deliver a certificate as required under subsection (3), he commits an offence shall be liable, upon conviction, to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding six months or to both such fine and imprisonment. Section 422(5) Where a certificate has been cancelled or suspended under this section, the Director-General, if of the opinion that the justice of the case requires it, may re-issue the certificate or, as the case may be, reduce the period of suspension and return the certificate, or may grant a new certificate of the same or a lower grade in place of the cancelled or suspended certificate. Section 422(6) The Board may make such awards as it deems just with regard to the costs or, as the case may be, expenses of the investigation, and with regard to the parties by whom those costs or expenses are to be paid, and any such award of the Board may, on the application of any party named in it, be made an order of the Court. Section 422(7) Subsections (2), (3) and (4) shall apply to endorsements of certificates in the same manner as they apply to certificates. Section 422(8) The Board shall make a report on the investigation to the Cabinet Secretary. - 423 Verify source ↗
INQUIRIES AND INVESTIGATION INTO MARINE CASUALTIES - 423. Re-hearings and appeal
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.
Section 423. Re-hearings and appeal Section 423(1)(a) new and important evidence which could not have been produced at the inquiry or investigation has been discovered; or Section 423(1)(b) it appears to the Cabinet Secretary that there are other grounds for suspecting that a miscarriage of justice may have occurred. Section 423(2) An order under subsection (1) may provide for the rehearing to be made by the Board which held the investigation or by the Court. Section 423(3) Any rehearing under this section shall be conducted in accordance with rules made under section 424, and section 422 shall apply in relation to a rehearing of an investigation by a Board as it applies in relation to the holding of an investigation. Section 423(4) Where the Board holding the investigation has decided to cancel or suspend the certificate of any person issued pursuant to any regulations made under section 170(5)(c), or has found any person at fault, then if no application for an order under subsection (1) has been made, or if such application has been refused, that person or any other person who, having an interest in the investigation has appeared at the hearing and is affected by the decision or finding, may appeal to the Court. - 424 Verify source ↗
INQUIRIES AND INVESTIGATION INTO MARINE CASUALTIES - 424. Rules
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 424. Rules Section 424(1) The Cabinet Secretary may make rules for the conduct of inquiries under section 421, for formal investigations under section 422, and for the conduct of any rehearing under section 423 which is not held by the High Court. Section 424(2) Without prejudice to the generality of subsection (1), rules under this section may provide for the appointment and summoning of assessors, the manner in which any facts may be proved, the persons allowed to appear, and the notices to be given to persons affected. Section 424(3) Rules of the Court made for the purpose of rehearings under section 423 which are held by the Court, or of appeals to the Court, may require the Court, subject to such exceptions, if any, as may be allowed by the rules, to hold such a rehearing or hear such an appeal with the assistance of one or more assessors. - 425 Verify source ↗
INQUIRIES AND INVESTIGATION INTO MARINE CASUALTIES - 425. Inquiries and reports on deaths and injuries
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.
Section 425. Inquiries and reports on deaths and injuries Section 425(1)(a) any person dies in a Kenyan ship or in a boat or life-raft from such a ship; or Section 425(1)(b) the master of, or a seafarer employed in, such a ship dies in a country outside Kenya, Section 425(2)(a) in consequence of an injury sustained or a disease contracted by a person when he was the master of, or a seafarer employed in, a Kenyan ship, he ceased to be employed in the ship and subsequently died; and Section 425(2)(b) the death occurred in a country outside Kenya during the period of one year beginning with the day on which he so ceased, Section 425(3)(a) have died in a Kenyan ship or in a boat or life-raft from such a ship; or Section 425(3)(b) have been lost from such a ship, boat or life-raft and have died in consequence of being so lost, Section 425(4) The Registrar of Seafarers or proper officer holding the inquiry shall for the purpose of the inquiry have the same powers as those conferred on an inspector by section 411. Section 425(5)(a) if the person to whom the report relates was employed in the ship and a person was named as his next of kin in the crew agreement or list of the crew in which the name of the person to whom the report relates last appeared, to the person so named; Section 425(5)(b) in any case, to any person requesting it who appears to the Director-General to be interested. Section 425(6) No inquiry shall be held under this section where an inquest is to be held. - 426 Verify source ↗
INQUIRIES AND INVESTIGATION INTO MARINE CASUALTIES - 426. Transmission of particulars of certain deaths on ships
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 426. Transmission of particulars of certain deaths on ships Section an inquest is held into a death or a post mortem examination is made of a dead body as a result of which the Attorney-General is satisfied that an inquest is unnecessary; and
Part XV
PASSENGER SHIPS, CONTROL AND RETURNS ON PERSONS ON SHIPS
- 360 Verify source ↗
PASSENGER SHIPS, CONTROL AND RETURNS ON PERSONS ON SHIPS - 360. Regulations
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 360. Regulations Section 360(1)(a) respecting accommodation, facilities and provisions on board passenger ships which carry passengers from a port in Kenya; Section 360(1)(b) requiring the preparation and furnishing of particulars as to all passengers to or from a port in Kenya; Section 360(1)(c) regulating the number of passengers which a ship may carry from a port in Kenya, whether or not the ship is a passenger ship; and Section 360(1)(d) prescribing the terms and conditions upon which ships may carry passengers between ports in Kenya. Section 360(2) In making regulations pursuant to subsection (1), the Cabinet Secretary shall have due regard to the International Convention on the Carriage of Passengers and their luggage on Board Ships, 1974. Section 360(3) The Cabinet Secretary may waive or vary the Regulations referred to in subsection (1) in respect of their application to licensed Kenyan passenger ships operating solely within Kenyan waters. - 361 Verify source ↗
PASSENGER SHIPS, CONTROL AND RETURNS ON PERSONS ON SHIPS - 361. Offences
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)).
Section 361. Offences Section 361(1)(a) if, being drunk or disorderly, he has been on that account refused admission to the ship by the owner or any person in his employment, and, after having the amount of his fare (if he has paid it) returned or tendered to him, nevertheless persists in attempting to enter the ship; Section 361(1)(b) if, being drunk or disorderly on board the ship, he is requested by the owner or any person in his employment to leave the ship at any place in Kenya at which he can conveniently do so, and, after having the amount of his fare (if he has paid it) returned or tendered to him, does not comply with the request; Section 361(1)(c) if, on board the ship, after warning by the master or other officer thereof, he molests or continues to molest or harass any passenger; Section 361(1)(d) if, after having been refused admission to the ship by the owner or any person in his employment on account of the ship being full, and having had the amount of his fare (if he has paid it) returned or tendered to him, he nevertheless persists in attempting to enter the ship; Section 361(1)(e) if, having gone on board the ship at any place, and being requested, on account of the ship being full, by the owner or any person in his employment to leave the ship before it has left that place, and having had the amount of his fare (if he has paid it) returned or tendered to him, he does not comply with that request; Section 361(1)(f) if, on arriving in the ship at a place to which he has paid his fare he knowingly and intentionally refuses or neglects to leave the ship; and Section 361(1)(g) if, on board the ship he fails, when requested by the master or other officer thereof, either to pay his fare or show such ticket or other receipt, if any, showing the payment of his fare, as is usually given to persons travelling by and paying their fare for the ship, Section 361(2)(a) obstruct or damage any part of the machinery or equipment of the ship; or Section 361(2)(b) obstruct, impede, molest or harass the crew, or any of them, in the navigation or management of the ship, or otherwise in the execution of their duty on or about the ship. Section 361(3) The master or other officer of any ship to which this section applies, and all persons called by him to his assistance, may, without any warrant, detain any person who commits any offence under subsection (1) or (2) whose name and address are unknown to the master or officer, and deliver that person to a police officer. Section 361(4) A person who commits an offence under subsection (1) or (2) shall be liable, upon conviction, to a fine not exceeding fifty thousand shillings, or to imprisonment for a term not exceeding four months, or to both such fine and imprisonment. Section 361(5) Where any person commits an offence under subsection (1) or (2) and on the application of the master of the ship, or any other person in the employment of the owner thereof, refuses to give his name and address, or gives a false name or address, that person shall be liable, upon conviction, to a fine not exceeding thirty thousand shillings, or to imprisonment for a term not exceeding three months, or to both such fine and imprisonment. Section 361(6) This section applies to a ship for which there is in force a Passenger Ship Safety Certificate or a Passenger Certificate, issued under or recognised by this Act. - 362 Verify source ↗
PASSENGER SHIPS, CONTROL AND RETURNS ON PERSONS ON SHIPS - 362. Exclusion of drunk persons
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.
Section 362. Exclusion of drunk persons Section The master of any passenger ship may refuse to receive on board any person who by reason of drunkenness or otherwise is in such a state, or conducts himself in such a manner, as to cause annoyance or injury to passengers on board, and if any such person is on board, may put him on shore at any convenient place. - 363 Verify source ↗
PASSENGER SHIPS, CONTROL AND RETURNS ON PERSONS ON SHIPS - 363. Stowaways
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.
Section 363. Stowaways Section 363(1) Any person who, without the consent of the master or of any other person authorised to give it, goes to sea or attempts to go to sea in a Kenyan ship, commits an offence and shall be liable, upon conviction, to a fine not exceeding fifty thousand shillings, or a term of imprisonment not exceeding one year, or both. Section 363(2) Nothing in section 433 shall be taken to limit the jurisdiction of any court in Kenya to deal with an offence under this section which has been committed in a country outside Kenya by a person who is not a Kenyan citizen. - 364 Verify source ↗
PASSENGER SHIPS, CONTROL AND RETURNS ON PERSONS ON SHIPS - 364. Unauthorised presence on board
Presence on board the ship without the consent of the master or any other person authorised to give it is unauthorised.
Section 364. Unauthorised presence on board Section goes on board the ship without the consent of the master or of any other persons authorised to give it; or - 365 Verify source ↗
PASSENGER SHIPS, CONTROL AND RETURNS ON PERSONS ON SHIPS - 365. Master’s power of arrest
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.
Section 365. Master’s power of arrest Section The master of any Kenyan ship may cause any person on board the ship to be put under restraint if and for so long as it appears to him necessary or expedient in the interest of safety or for the preservation of good order or discipline on board the ship. - 366 Verify source ↗
PASSENGER SHIPS, CONTROL AND RETURNS ON PERSONS ON SHIPS - 366. Offences relating to safety
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.
Section 366. Offences relating to safety Section 366(1) Where a person goes to sea in a ship without the consent of the master or of any other person authorised to give it, or is conveyed in a ship in pursuance of section 194(4)(b), sections 179 and 180 shall apply as if he were a seafarer employed in the ship. Section 366(2) Where a person, without the consent of the master or any other person authorised to give it, is on board a ship while it is on a voyage or excursion, or is conveyed in a ship in pursuance of section 194(4)(b), section 179 shall apply as if he were a seafarer employed in the ship. - 367 Verify source ↗
PASSENGER SHIPS, CONTROL AND RETURNS ON PERSONS ON SHIPS - 367. Passenger returns
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.
Section 367. Passenger returns Section 367(1) The master of every ship, whether or not a Kenyan ship, which carries any passenger to a place in Kenya from any place out of Kenya, or from any place in Kenya to any place out of Kenya, shall furnish to such person and in such manner as the Director-General directs, a return giving the total number of any passengers so carried, distinguishing, if so directed by the Director-General, the total number of any class of passengers so carried, and giving, if the Director-General so directs, such particulars with respect to passengers as may be for the time being required by the Director-General. Section 367(2) Every passenger shall furnish the master of the ship with any information required by him for the purpose of the return. Section 367(3)(a) the master of a ship fails to make a return as required by this section, or makes a false return; or Section 367(3)(b) any passenger refuses to give any information required by the master of the ship for the purpose of the return required by this section, or, for that purpose, gives to the master information which he knows to be false or recklessly gives to him information which is false, - 368 Verify source ↗
PASSENGER SHIPS, CONTROL AND RETURNS ON PERSONS ON SHIPS - 368. Returns of births and deaths
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.
Section 368. Returns of births and deaths Section 368(1) The Cabinet Secretary may make regulations under the following provisions of this section in relation to births and deaths in the circumstances specified in those provisions. Section 368(2)(a) birth or death of any person occurring in the ship; and Section 368(2)(b) death of any person employed in the ship, wherever occurring outside Kenya, Section 368(3) Regulations under this section may require the master of any ship not registered in Kenya which calls at a port in Kenya in the course of or at the end of a voyage to make a return to the Director-General of any birth or death of a Kenyan citizen which has occurred in the ship during the voyage. Section 368(4)(a) it appears to him that the master of the ship cannot perform his duty under that subsection because he has himself died or is incapacitated or missing; and Section 368(4)(b) any of the circumstances specified in subsection (5) exist. Section 368(5)(a) an inquest held by a court; or Section 368(5)(a)(i) an inquest held by a court; or Section 368(5)(a)(ii) an inquiry held in accordance with section 425 and the findings of the inquiry include a finding that the death occurred; Section 368(5)(b) deceased’s body has been the subject of a post-mortem examination and in consequence the Attorney-General is satisfied that an inquest is unnecessary. Section 368(6) Regulations under this section may require the Director-General to send a certified copy of any return or record made thereunder to the Registrar of Births and Deaths. Section 368(7)(a) shall record the information contained therein in the marine register; and Section 368(7)(b) may record in the marine register such additional information as appears to him desirable for the purpose of ensuring the completeness and correctness of the register, Section 368(8) Regulations under this section may make a contravention of any provision thereof an offence punishable, upon conviction, with a fine not exceeding three hundred thousand shillings or to imprisonment for a term not exceeding two years, or to both such fine and imprisonment. Section 368(9)(a) any birth or death of a Kenyan citizen which occurs in a ship not registered in Kenya; Section 368(9)(b) any death of any such citizen who has been employed in a ship not registered in Kenya which occurs elsewhere than in the ship; and Section 368(9)(c) any death of a person who has been employed in a Kenyan ship which occurs elsewhere than in the ship. Section 368(10) References in this section to deaths occurring in a ship include references to deaths occurring in a ship’s boat.
Part XVI
MARITIME SECURITY
- 369 Verify source ↗
MARITIME SECURITY - 369. Interpretation
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.
Section 369. Interpretation Section 369(1)(a) against another ship or aircraft, or against persons or property on board such ship or aircraft; or Section 369(1)(a)(i) against another ship or aircraft, or against persons or property on board such ship or aircraft; or Section 369(1)(a)(ii) against a ship, aircraft, persons or property in a place outside the jurisdiction of any State; Section 369(1)(b) any voluntary act of participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft; or Section 369(1)(c) any act of inciting or of intentionally facilitating an act described in paragraph (a) or (b); Section 369(1)(a) intend to use such ship or aircraft for piracy; or Section 369(1)(b) have used such ship or aircraft for piracy, so long as it remains under the control of those persons; Section 369(2) Piracy committed by a warship, government ship or government aircraft whose crew has mutinied and taken control of the ship or aircraft is assimilated to piracy committed by a private ship or aircraft. Section 369(3) This Part applies to aircraft only when they are on the high seas, that is to say, in those parts of the sea to which Part VII of UNCLOS is applicable, in accordance with Article 86 of UNCLOS. - 370 Verify source ↗
MARITIME SECURITY - 370. Hijacking and destroying of ships
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.
Section 370. Hijacking and destroying of ships Section 370(1) Subject to subsection (5), a person who unlawfully, by the use of force or by threats of any kind, seizes a ship or exercises control of it commits the offence of hijacking a ship. Section 370(2)(a) destroys a ship; Section 370(2)(b) damages a ship or its cargo so as to endanger, or to be likely to endanger, the safe navigation of the ship; Section 370(2)(c) commits, on board a ship, an act of violence which is likely to endanger the safe navigation of the ship; or Section 370(2)(d) places or causes to be placed on a ship any device or substance which is likely to destroy the ship or is likely so to damage it or its cargo as to endanger its safe navigation. Section 370(3)(a) an offence under subsection (2)(a), (b) or (c); or Section 370(3)(b) attempting or conspiring to commit, or aiding, abetting, counselling, procuring or inciting, or being of and part in, the commission of such an offence. Section 370(4)(a) whether the ship referred to in those subsections is in Kenya or elsewhere; Section 370(4)(b) whether any such act as is mentioned in those subsections is committed in Kenya or elsewhere; and Section 370(4)(c) whatever the nationality of the person committing the act. Section 370(5)(a) person seizing or exercising control of the ship under subsection (1), or committing the act under subsection (2), as the case may be, is a Kenyan citizen; Section 370(5)(b) act is committed in Kenya; or Section 370(5)(c) ship is used in the customs service of Kenya or in the service of the police force in Kenya. Section 370(6) A person who commits an offence under this section shall be liable, upon conviction, to imprisonment for life. Section 370(7)(a) in Kenya which constitutes the offence of murder, attempted murder, manslaughter, or assault; or Section 370(7)(b) outside Kenya which, if done in Kenya would constitute such an offence as is mentioned in paragraph (a); and Section 370(7)(a) in relation to the commission of an act in Kenya, means so as (apart from this Part) to constitute an offence under the law of Kenya; and Section 370(7)(b) in relation to the commission of an act outside Kenya, means that the commission of the act would (apart from this Part) have been an offence under the law of Kenya if it had been committed in Kenya. - 371 Verify source ↗
MARITIME SECURITY - 371. Offences of piracy and armed robbery
Makes it an offence to commit any act of piracy.
Section 371. Offences of piracy and armed robbery Section commits any act of piracy; - 372 Verify source ↗
MARITIME SECURITY - 372. Endangering safe navigation, threats, etc.
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.
Section 372. Endangering safe navigation, threats, etc. Section 372(1)(a) destroy or damage any property to which this subsection applies; or Section 372(1)(b) interfere with the operation of any such property, Section 372(2) Subsection (1) applies to any property used for the provision of maritime navigation facilities, including any land, building or ship so used, and including any apparatus or equipment so used, whether it is on board a ship or elsewhere. Section 372(3) Subject to subsection (8), it is an offence for any person intentionally to communicate that which he knows to be false in a material particular, where the communication of the information endangers the safe navigation of any ship. Section 372(4) It is a defence for a person charged with an offence under subsection (3) to prove that, when he communicated the information, he was lawfully employed to perform duties which consisted of or included the communication of information, and that he communicated the information in good faith in performance of those duties. Section 372(5)(a) in order to compel any other person to do or abstain from doing any act, he threatens that he or some other person will do in relation to any ship an act which is an offence by virtue of section 372(2)(a), (b) or (c); and Section 372(5)(b) the making of that threat is likely to endanger the safe navigation of the ship. Section 372(6)(a) in order to compel any other person to do or abstain from doing any act, he threatens that he or some other person will do an act which is an offence by virtue of subsection (1); and Section 372(6)(b) the making of that threat is likely to endanger the safe navigation of any ship. Section 372(7) Except as provided by subsection (8), subsections (1), (3), (5) and (6) applies whether any such act as is mentioned in those subsections is committed in Kenya or elsewhere and whatever the nationality of the person committing the act. Section 372(8)(a) person committing the act is a Kenyan citizen; Section 372(8)(b) act is committed in Kenya. - 373 Verify source ↗
MARITIME SECURITY - 373. Delivery by master
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.
Section 373. Delivery by master Section 373(1) This section shall have effect for the purposes of any proceedings before the Court. Section 373(2)(a) committed any offence under section 370 or 372; Section 373(2)(b) attempted to commit such an offence; or Section 373(2)(c) aided, abetted, counselled, procured or incited, or been at and part in, the commission of such an offence, Section 373(3)(a) of his intention to deliver that person to an appropriate officer in that country; and Section 373(3)(b) of his reasons for intending to do so. Section 373(4)(a) before the ship in question has entered the territorial sea of the country concerned; or Section 373(4)(b) if in the circumstances it is not reasonably practicable to comply with paragraph (a), as soon as reasonably practicable after the ship has entered that territorial sea. Section 373(5)(a) make to an appropriate officer in that country such oral or written statements relating to the alleged offence as that officer may reasonably require; and Section 373(5)(b) deliver to an appropriate officer in that country such other evidence relating to the alleged offence as in the master’s possession. Section 373(6) The master of a ship who, without reasonable excuse, fails to comply with subsection (3) or (5) commits an offence and shall be liable, upon conviction, to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding six months or to both such fine and imprisonment. Section 373(7)(a) notified some other competent authority in the country concerned within the time required by subsection (4); or Section 373(7)(b) believed on reasonable grounds that the giving of notification to any competent authority in that country would endanger the safety of the ship. Section 373(8)(a) in relation to Kenya, a police officer or immigration officer; and Section 373(8)(b) in relation to any other Convention country, an officer having functions corresponding to the functions, in Kenya, either of a police officer or of an immigration officer; and - 374 Verify source ↗
MARITIME SECURITY - 374. Application
This section lists the types of ships, mobile offshore units, port facilities and platforms to which the section applies.
Section 374. Application Section 374(1)(a) passenger ships, including high-speed passenger vessels; Section 374(1)(a)(i) passenger ships, including high-speed passenger vessels; Section 374(1)(a)(ii) cargo ships, including high-speed craft, of 500 tons or more; and Section 374(1)(a)(iii) mobile offshore drilling units; and Section 374(1)(a)(iv) port facilities serving such ships engaged on international voyages; Section 374(1)(b) port facilities within the territorial limits of Kenya that serve a ship or a mobile offshore drilling unit, of a type specified in paragraph (a); and Section 374(1)(c) fixed and floating platforms within Kenyan continental waters. Section 374(2)(a) warships; or Section 374(2)(b) naval auxiliaries; or Section 374(2)(c) owned or operated by the Government; and Section 374(2)(c)(i) owned or operated by the Government; and Section 374(2)(c)(ii) used on Government non-commercial service; or Section 374(2)(c)(iii) pleasure vessels. - 375 Verify source ↗
MARITIME SECURITY - 375. Interpretation
Defines a threat of unlawful interference with maritime transport as one that is, or is likely to be, a terrorist act.
Section 375. Interpretation Section a threat of unlawful interference with maritime transport made, and the threat is, or is likely to be, a terrorist act; and - 376 Verify source ↗
MARITIME SECURITY - 376. Designated authority
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.
Section 376. Designated authority Section 376(1) The Authority is the designated authority for Kenya in terms of section 4 Part B of the Code. Section 376(2)(a) port facility security assessment are carried out, reviewed and approved in accordance with regulations made by the Cabinet Secretary; Section 376(2)(a)(i) port facility security assessment are carried out, reviewed and approved in accordance with regulations made by the Cabinet Secretary; Section 376(2)(a)(ii) ship security assessment are carried out, reviewed in accordance with regulations made under this Part; Section 376(2)(b) port facilities within Kenya; and Section 376(2)(b)(i) port facilities within Kenya; and Section 376(2)(b)(ii) registered in Kenya; Section 376(2)(c) any ship security plans in accordance with regulations for the purpose; and Section 376(2)(c)(i) any ship security plans in accordance with regulations for the purpose; and Section 376(2)(c)(ii) any amendment to an approved ship security plan that is specified in regulations as requiring the approval of the designated authority; Section 376(2)(d) specify and communicate the measures that must be addressed in a port facility plan or a ship security plan for each security level; Section 376(2)(e) whether a declaration of security is required; and Section 376(2)(e)(i) whether a declaration of security is required; and Section 376(2)(e)(ii) the requirement of any declaration of security; Section 376(2)(f) any port security assessment carried out by a recognised security organisation in accordance with regulations; Section 376(2)(f)(i) any port security assessment carried out by a recognised security organisation in accordance with regulations; Section 376(2)(f)(ii) any port facility plan in accordance with regulations; and Section 376(2)(f)(iii) any amendment to an approved port facility plan that is specified in regulations and requiring the approval of the designated authority; Section 376(2)(g) exercise all control measures specified in the regulations; Section 376(2)(h) authorise recognised security organisations in accordance with regulations made under this Act; Section 376(2)(i) undertake any functions or duties specified in regulations made under this Part; and Section 376(2)(j) carry out any lawful directions as may be given by the Cabinet Secretary. - 377 Verify source ↗
MARITIME SECURITY - 377. Delegation by Director-General
A delegate exercising powers delegated under subsection (1) must comply with any directions given by the Cabinet Secretary.
Section 377. Delegation by Director-General Section 377(1)(a) satisfies the criteria prescribed in regulations made under this Part; and Section 377(1)(b) is engaged by a recognised security organization. Section 377(2) The Cabinet Secretary may determine in writing that an organisation is a recognised security organisation. Section 377(3) In exercising the powers or functions delegated under subsection (1), the delegate shall comply with any directions given by the Cabinet Secretary. - 378 Verify source ↗
MARITIME SECURITY - 378. Regulations
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.
Section 378. Regulations Section 378(1)(a) prescribing, or providing for the fixing of, fees and charges payable in respect of security functions provided by, or security activities undertaken by, a government department or government agency; Section 378(1)(b) a declaration of security, a ship security plan; Section 378(1)(b)(i) a declaration of security, a ship security plan; Section 378(1)(b)(ii) a port facility security plan; Section 378(1)(b)(iii) an assessment of a ship security plan or a port facility security plan; Section 378(1)(b)(iv) an identification system for accessing a specified port security area or a specified port facility; Section 378(1)(c) providing for any other matters that are contemplated by, or necessary for giving full effect to, the provisions of this section or for its due administration. Section 378(2) Any regulations made under this section may prescribe offences and penalties for contravention of, or non-compliance with, their provisions. - 379 Verify source ↗
MARITIME SECURITY - 379. Exemptions
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.
Section 379. Exemptions Section 379(1) The Director-General may, if he considers it appropriate and on such conditions as he considers appropriate, exempt any person, ship, or port facility from an requirement specified in regulations made under section 378. Section 379(2)(a) the exemption will not breach Kenya’s international obligations under any maritime convention; and Section 379(2)(b) the prescribed requirements have been substantially complied with and that further compliance is unnecessary; Section 379(2)(b)(i) the prescribed requirements have been substantially complied with and that further compliance is unnecessary; Section 379(2)(b)(ii) the action taken or provision made in respect of the matter to which the prescribed requirements relate is as effective or more effective that actual compliance with the prescribed requirements; Section 379(2)(b)(iii) the prescribed requirements are clearly unreasonable or inappropriate in the particular case; or Section 379(2)(b)(iv) events have occurred that make the prescribed requirements unnecessary or inappropriate in the particular case; and Section 379(2)(c) the risk to safety will not be significantly increased by the granting of the exemption. Section 379(3) The number and nature of any exemptions granted under subsection (1) shall be notified as soon as practicable in the Gazette . Section 379(4) Nothing in this section shall apply in any case where a maritime rule specifies that exemptions may not be granted. - 380 Verify source ↗
MARITIME SECURITY - 380. Extension of application
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.
Section 380. Extension of application Section 380(1)(a) conduct a security assessment of that ship; or Section 380(1)(b) require a security assessment of that ship to be carried out. Section 380(2)(a) receipt of threat or security information; or Section 380(2)(b) results of a security assessment of a ship under this section. Section 380(3) If, following a security assessment under subsection (1), the Director-General considers that the action should be extended to a ship or class of ship, the Director-General shall make a recommendation to that effect to the Cabinet Secretary. Section 380(4) Following a recommendation by the Director-General under subsection (3), the Cabinet Secretary may extend the application of this section to a ship or port facility by notice in the Gazette . Section 380(5)(a) clearly identify the ship or port facility concerned; Section 380(5)(a)(i) clearly identify the ship or port facility concerned; Section 380(5)(a)(ii) state which sections of this section apply to that ship or port facility; and Section 380(5)(a)(iii) state, the time period for the extension of this section; and Section 380(5)(b) more than I ship or port facility; and Section 380(5)(b)(i) more than I ship or port facility; and Section 380(5)(b)(ii) any combination of ships and port facilities. Section 380(6) For the purposes of subsection (1) to (5)— “port facility” means a port facility that is not included in section 374, and includes fixed and floating platforms and mobile offshore drilling units referred to in section 374. Section 380(7)(a) warships; Section 380(7)(b) naval auxiliaries; or Section 380(7)(c) owned or operated by the Government; and Section 380(7)(c)(i) owned or operated by the Government; and Section 380(7)(c)(ii) used on government non-commercial service; or Section 380(7)(d) pleasure vessel as defined in section 2. - 381 Verify source ↗
MARITIME SECURITY - 381. Seamen’s identification document
The Cabinet Secretary may, by regulations, require crew members on vessels calling at Kenyan ports to carry and present on demand any identification.
Section 381. Seamen’s identification document Section 381(1) The Cabinet Secretary may, by regulations made under this Part, require crew members on vessels calling at Kenyan ports to carry and present on demand any identification that the Cabinet Secretary may consider necessary, having regard to the relevant Convention. Section 381(2) Regulations may establish the proper forms and process that shall be used for identification and verification of crew members. - 382 Verify source ↗
MARITIME SECURITY - 382. Automatic identification system
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.
Section 382. Automatic identification system Section 382(1)(a) ships of war and troop ships; Section 382(1)(b) cargo ships of less than five hundred tons; Section 382(1)(c) ships not propelled by mechanical means; Section 382(1)(d) wooden ships of traditional build; Section 382(1)(e) pleasure vessels not engaged in trade; and Section 382(1)(f) fishing vessels. Section 382(2)(a) exempt a vessel from subsection (1) if the Cabinet Secretary finds that an automatic identification system is not necessary for the safe navigation of the vessel on the waters on which the vessel operates; or Section 382(2)(b) waive the application of subsection (1) with respect to operation of vessels on navigable waters of the Kenya specified by the Cabinet Secretary if the Cabinet Secretary finds that automatic identification systems are not needed for safe navigation on those waters. Section 382(3)(a) requirements for the operation and maintenance of the automatic identification systems so required under this section; Section 382(3)(b) matters that are required to be prescribed to give effect to this Part; and Section 382(3)(c) anything that may be necessary or convenient to be prescribed for carrying out or giving effect to the relevant conventions on security. - 383 Verify source ↗
MARITIME SECURITY - 383. Long-range vessel tracking system
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.
Section 383. Long-range vessel tracking system Section 383(1) The Authority may develop and implement a long-range automated vessel tracking system for all vessels in Kenyan waters that are equipped with the Global Maritime Distress and Safety System or equivalent satellite technology. Section 383(2) The system shall be designed to provide the Authority with the capability of receiving information on vessel positions at interval positions appropriate to deter transportation security incidents. Section 383(3) The Authority may use existing maritime organisations to collect and monitor tracking information under the system.
Part XVII
LIMITATION AND DIVISION OF LIABILITY FOR MARITIME CLAIMS
- 384 Verify source ↗
LIMITATION AND DIVISION OF LIABILITY FOR MARITIME CLAIMS - 384. Interpretation
This provision defines terms used in the Part, including “salvage operation”, “salvage services”, “salvor”, “ship”, “shipowner” and “Unit of Account”.
Section 384. Interpretation Section In this Part, unless the context otherwise requires— “salvage operation” has the meaning given in section 2, and includes the operations referred to in section 386(1)(d), (e) and (f); “salvage services” means services rendered in direct connection with salvage operations; “salvor” means any person rendering salvage services; “ship” includes any structure (whether completed or in the course of completion) launched and intended for use in navigation as a ship or as a part of a ship; “shipowner” includes charterer, manager or operator of a ship; and “Unit of Account” means the special drawing rights as defined in section 2 of Article XXI of the Articles of Agreement of the International Monetary Fund. - 385 Verify source ↗
LIMITATION AND DIVISION OF LIABILITY FOR MARITIME CLAIMS - 385. Limitation of liability
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.
Section 385. Limitation of liability Section 385(1) Shipowners and salvors may limit their liabilities in accordance with this Part. Section 385(2) An insurer of liability for claims subject to limitation under this Part shall be entitled to the benefit of limitation to the same extent as the assured. Section 385(3) A person for whose act, neglect or default the shipowner or salvor is responsible may limit his liability under this Part. - 386 Verify source ↗
LIMITATION AND DIVISION OF LIABILITY FOR MARITIME CLAIMS - 386. Claims subject to limitation
Certain specified categories of claims are subject to limitation of liability under Section 386.
Section 386. Claims subject to limitation Section 386(1)(a) claims in respect of loss of life or personal injury or loss of or damage to property, including damage to harbour works, basins and waterways and aids to navigation, occurring on board or in direct connection with the operation of the ship or with salvage operations, and consequential loss resulting therefrom; Section 386(1)(b) claims in respect of loss resulting from delay in the carriage by sea of cargo, passengers or their luggage; Section 386(1)(c) claims in respect of other loss resulting from infringement of rights other than contractual rights, occurring in direct connection with the operation of the ship or salvage operations; Section 386(1)(d) claims in respect of the raising, removal, destruction or the rendering harmless of a ship which is sunk, wrecked, stranded or abandoned, including anything that is or has been on board such ship; Section 386(1)(e) claims in respect of the removal, destruction or the rendering harmless of the cargo of the ship; Section 386(1)(f) claims of a person other than the person liable in respect of measures taken in order to avert or minimise loss for which the person liable may limit his liability in accordance with this Part, and further loss caused by such measures. Section 386(2) The claims referred to in subsection (1) shall be subject to limitation of liability even if brought by way of recourse or for indemnity under a contract or otherwise, but the claims referred to subsection (1)(d), (e) and (f) shall not be subject to limitation to the extent that they relate to remuneration under a contract with the person liable. - 387 Verify source ↗
LIMITATION AND DIVISION OF LIABILITY FOR MARITIME CLAIMS - 387. Extent of liability
A shipowner's liability includes liability in an action against the ship, and invoking limitation does not amount to an admission of liability.
Section 387. Extent of liability Section For the purposes of this Part, the liability of a shipowner shall include liability in an action against his ship, and the act of invoking limitation shall not constitute an admission of liability. - 388 Verify source ↗
LIMITATION AND DIVISION OF LIABILITY FOR MARITIME CLAIMS - 388. Claims excepted from liability
Claims that are excepted from liability: claims for salvage under section 338 and corresponding contractual claims.
Section 388. Claims excepted from liability Section claims for salvage under section 338 and corresponding claims under a contract; - 389 Verify source ↗
LIMITATION AND DIVISION OF LIABILITY FOR MARITIME CLAIMS - 389. Conduct barring limitation
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.
Section 389. Conduct barring limitation Section A person liable shall not be entitled to limit his liability if it is proved that the loss resulted from his personal act or omission, committed with the intent to cause such loss, or recklessly and with knowledge that such loss would probably result. - 390 Verify source ↗
LIMITATION AND DIVISION OF LIABILITY FOR MARITIME CLAIMS - 390. Counter claims
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.
Section 390. Counter claims Section Where a person entitled to limitation of liability under this Part has a claim against the claimant arising out of the same occurrence, their respective claims shall be set off against each other and the provisions of this Part shall only apply to the balance, if any. - 391 Verify source ↗
LIMITATION AND DIVISION OF LIABILITY FOR MARITIME CLAIMS - 391. Calculation of limitations
Limitation amount is 166,667 special drawing rights for a ship with a tonnage not exceeding 300 tons.
Section 391. Calculation of limitations Section 166,667 special drawing rights for a ship with a tonnage not exceeding 300 tons; - 392 Verify source ↗
LIMITATION AND DIVISION OF LIABILITY FOR MARITIME CLAIMS - 392. Limitation of liability for salvors
Limits of liability for salvors specified in the section are to be calculated on a tonnage of 1,500 tons for the salvors described.
Section 392. Limitation of liability for salvors Section The limits of liability for any salvor not operating from any ship or for any salvor operating solely on the ship to, or in respect of which, he is rendering salvage services, shall be calculated according to a tonnage of 1,500 tons. - 393 Verify source ↗
LIMITATION AND DIVISION OF LIABILITY FOR MARITIME CLAIMS - 393. Calculation of limitation for fixed claims
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).
Section 393. Calculation of limitation for fixed claims Section Where the amount calculated in accordance with section 391(a) is insufficient to pay the claims mentioned therein in full, the amount calculated in accordance with section 391(b) shall be available for payment of the unpaid balance of claims under section 391(a) and such unpaid balance shall rank rateably with claims mentioned under section 391(b). - 394 Verify source ↗
LIMITATION AND DIVISION OF LIABILITY FOR MARITIME CLAIMS - 394. Measurement of ship’s tonnage
For this Part, a ship's tonnage is defined as her gross tonnage calculated under the Act's Tonnage Regulations.
Section 394. Measurement of ship’s tonnage Section For the purposes of this Part, a ship’s tonnage shall be her gross tonnage calculated in accordance with the Tonnage Regulations made under this Act.
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