Act No: No. 4 of 2009
Act Title: MERCHANT SHIPPING
SUBSIDIARY LEGISLATION
Arrangement of Sections
MERCHANT SHIPPING (APPLICATION OF SAFETY CONVENTION, 1974) ORDER, 2004
[L.N. 60/2004.]
1.

This Order may be cited as the Merchant Shipping (Application of Safety Convention, 1974) Order, 2004.

2.

The Safety Convention, 1974, including the protocols and amendments thereto, being a convention to which Kenya is a party, is declared to be a convention applicable to Kenya under the Merchant Shipping Act.

MERCHANT SHIPPING (MARITIME SERVICE PROVIDERS) REGULATIONS, 2011

ARRANGEMENT OF REGULATIONS

PART I – PRELIMINARY

1.

Citation.

2.

Application.

3.

Interpretation.

PART II — LICENSING

4.

Role of the Authority.

5.

Qualifications for licensing.

6.

Application for licence.

7.

Membership to registered associations.

8.

Renewal of licence.

9.

Fine, suspension or revocation of licence.

10.

Appeals.

11.

Professional staff.

DISCIPLINE

12.

Professional misconduct.

13.

Changes in companies.

14.

15.

Obligations of maritime service providers.

16.

Disciplinary proceedings.

PART IV — MISCELLANEOUS PROVISIONS

17.

Tariffs.

18.

Submission of information.

19.

Inspection of premises.

20.

Marine cargo movement mechanism.

21.

Authority may impose penalty upon admission of guilt.

22.

Transitional provisions.

SCHEDULES

FIRST SCHEDULE —

MARITIME SERVICE PROVIDERS AND THEIR SCOPE OF SERVICE

SECOND SCHEDULE —

APPLICATION FOR A LICENCE AS A MARITIME SERVICE PROVIDER

THIRD SCHEDULE —

LICENCE TO PRACTISE AS A MARITIME SERVICE PROVIDER KENYA MARITIME AUTHORITY

FOURTH SCHEDULE —

MINIMUM TERMS FOR SERVICE LEVEL AGREEMENTS

MERCHANT SHIPPING (PORT STATE CONTROL) REGULATIONS, 2011

ARRANGEMENT OF REGULATIONS

PART I – GENERAL

1.

Citation.

2.

Interpretation.

PART II – PROCEDURES FOR PORT STATE CONTROL

3.

Application.

4.

Competent authority.

5.

Inspection commitments.

6.

Inspection procedure.

7.

Expanded inspection of certain ships.

8.

Report of inspection to the master.

9.

Rectification and detention.

10.

Procedure applicable in the absence of ISM Code.

11.

Detention procedure.

12.

Arbitration.

13.

Compensation.

14.

Follow-up to inspections and detentions.

15.

Professional profile of inspectors.

16.

Reports from pilots and port authorities.

17.

Publication of detentions.

18.

Reimbursement of costs.

19.

Offences.

PART III – INSPECTION OF FAMILIARITY OF CREW WITH OPERATIONAL PROCEDURES

20.

Authority may impose penalty upon admission of guilt.

21.

Inspection of operational procedures.

SCHEDULES

FIRST SCHEDULE—

EXAMPLES OF “CLEAR GROUNDS” FOR A MORE DETAILED INSPECTION

SECOND SCHEDULE—

SHIPS TO BE CONSIDERED FOR PRIORITY INSPECTION

THIRD SCHEDULE—

LIST OF CERTIFICATES AND DOCUMENTS

FOURTH SCHEDULE—

PROCEDURES FOR THE CONTROL OF SHIPS

FIFTH SCHEDULE
SIXTH SCHEDULE—

CRITERIA FOR DETENTION OF A SHIP

SEVENTH SCHEDULE—

MINIMUM CRITERIA FOR INSPECTORS

MERCHANT SHIPPING (FEES) REGULATIONS, 2011

ARRANGEMENT OF REGULATIONS

1.

Citation.

2.

Interpretation.

3.

Application.

4.

Payment of fees.

5.

Variable fees.

6.

Fees for waiting time.

7.

Fees for cancellation.

8.

Relocation fees.

9.

Time of payment.

10.

Recovery of fees.

11.

Penalty for non-payment.

12.

Revocation of L.N. 150/1994.

SCHEDULES

FIRST SCHEDULE —

SURVEY FEES

SECOND SCHEDULE —

SURVEYORS’ EXPENSES AND SPECIAL FEES

THIRD SCHEDULE —

FEES FOR MISCELLANEOUS SERVICES

FOURTH SCHEDULE —

OVERSIGHT AND MONITORING FEES