ADVOKS GLOBAL · KENYA
Fisheries Management and Development Act
132. Agents or companies to designated for purposes of legal process, information
Edition: 2026-07-10 · In force
132. Agents or companies to designated for purposes of legal process, information
(1)The operator of each foreign fishing vessel licensed pursuant to section 131 shall designate an agent in accordance with the terms of such agreement authorised to accept on behalf of the company service of process and any notices required to be served on the company and to provide such information as may be required under this Act with respect to the vessel and its activities, operator, master and crew members.(2)Notwithstanding subsection (1), where a company has been established under the Companies Act for purposes of obtaining a licence for fishing or fishing related activities under this Act, such company shall designate in writing to the Director-General promptly upon its incorporation—(a)the full address of the registered or principal office of the company and their principal place of business in Kenya;(b)the present name and any former forename or surname, address and occupation of the person authorised to manage the company in Kenya;(c)a list of the directors of the company, containing such particulars with respect to the directors as are by this Act required to be contained with respect to directors in the register of the directors of a company; and(d)the names and addresses of one or more persons continuously resident in Kenya authorised to accept on behalf of the company service of process and any notices required to be served on the company and to provide such information as may be required under this Act with respect to the vessel and its activities, operator, master and crew members,(3)In the event of any alteration being made in the instrument or in the address or in the directors or managers or in the names or addresses of such persons, the company shall promptly deliver to the Director-General a notice of the alteration.(4)Each agent designated pursuant to subsections (1) and (2) shall—(a)be continuously resident in Kenya;(b)have no record of conviction;(c)have no record of association with illegal, unreported or unregulated fishing activities;(d)where relevant carry out duties as required pursuant to the Companies Act, and other laws in Kenya relating to agents;(e)provide such information as may be required pursuant to this Act in relation to the relevant foreign fishing vessel, subject to the section 85 on rules of confidentiality in this Act;(f)receive and respond to legal process with respect to the vessel and its activities, operator, master and crew members;(g)comply with all laws of Kenya;(h)not exceed the authority as an agent; or(i)not engage in any activity that constitutes or is likely to constitute a conflict of interest with his or her duties and responsibilities of the agent under this Act and the laws of Kenya.(5)The operator of each foreign fishing vessel required to designate an agent pursuant to subsection (1) or (2) shall ensure that the agent—(a)has full legal authority and is sufficiently informed at all times in order to carry out assigned responsibilities pursuant to this Act including the requirements in subsection (3); and(b)complies with all requirements in subsection (3).(6)No licence shall be issued to a foreign fishing vessel unless an agent has been designated in accordance with this section.(7)Where any operator does not comply with subsection (4), the licence may be—(a)suspended for such period as the Director-General, in consultation with the Cabinet Secretary, thinks fit, but not less than one month; or(b)revoked, and the operator shall fully disclose information regarding the agreement between the operator and the agent in addition to the requirements of section 102 of this Act.(8)A person who contravenes the requirements of subsections (1), (2), (3) or (4) of this section commits an offence and shall be liable on conviction to a fine not exceeding one million shillings or to a term of imprisonment not exceeding five years or to both.