ADVOKS GLOBAL · KENYA
Fisheries Management and Development Act
189. Costs incurred by State
Edition: 2026-07-10 · In force
189. Costs incurred by State
(1)The operator and charterer of a vessel shall jointly and severally bear the cost or expenditure incurred by the Government, upon application by the State and as determined by the Court upon conviction, in connection with—(a)the seizure of a fishing vessel, vehicle or aircraft or other an offence against this Act, including any relevant costs of pursuit of the vessel, vehicle or aircraft;(b)the prosecution for an offence in accordance with this Act; and(c)the repatriation of the master or crew of any vessel seized under this Act.(2)The amount of any costs or expenditure by the Court under subsection (1) may be recovered in the same manner as a fine and shall be imposed in addition to any fine or penalty that may be ordered by the Court.(3)Nothing in subsection (1) shall be deemed to allow for the recovery of any cost or expenditure that has already been recovered pursuant to any other order made under this Act.(4)If it intends to apply for pursuit costs in accordance with subsection (1), the Government shall, fourteen (14) days prior to a trial related to the offence, serve the defendant with written details of those costs.