ADVOKS GLOBAL · KENYA
Fisheries Management and Development Act
183. Summary administrative proceedings
Edition: 2026-07-10 · In force
183. Summary administrative proceedings
(1)The Director-General may, where the person charged has fulfilled the conditions of section 182 (4), dispose of such violation by causing a compounding agreement to be drawn up by the Director of Public Prosecutions to formalise the terms and conditions for the Director-General to accept on behalf of the Government from such person an administrative penalty, the amount of which shall—(a)not exceed the maximum fine or penalty prescribed under this Act, for the offence being compounded, in addition to the fair market value of any fish caught illegally;(b)not be less than the minimum level of fine calculated in conformity with the guidelines required pursuant to section 189; and(c)where the person charged has committed the same or a similar offence in the past, an amount not less than the fine previously set plus an additional ten per cent.(2)The compounding of an offence under this section shall be binding on the payment of the penalty and the notification in writing upon payment, under the signature of both parties, to the appropriate Court.(3)The compounding procedure shall be null and void if the full amount of the penalty as determined under subsection (1) is not paid within three working days of the notification of the assessment of the penalty assessment to the person charged and the matter shall immediately be referred to the Court.(4)When the penalty is paid in full under this section, the Director-General may order the release of any article, items, fish or fish products seized under this Act or proceeds of sale of such items, fish or fish products on such conditions as he or she may determine.(5)Where the person is unable to pay the determination in full, that person may enter into an agreement for payment in instalments with the Director-General and the Attorney-General.(6)In any proceedings brought against any person for an offence against this Act, it shall be a defence if such person proves that the offence for which he is charged has been compounded under this section.(7)The Director-General may confiscate any fishing gear or other appliance used for illegal fishing connected with the vessel.(8)Any person aggrieved by a decision of the Director-General under this section may appeal to the High Court within thirty days of the Director-General's decision.