ADVOKS GLOBAL · KENYA
Kenya Maritime Authority Act
5. Functions of the Authority
Edition: 2022-12-31 · In force
5. Functions of the Authority
(1)The functions of the Authority are to carry out such functions as may be necessary to give effect to the objects of this Act and without prejudice to the generality of the foregoing, the Authority shall have the duty to—(a)administer and enforce the provisions of the Merchant Shipping Act (Cap. 389) and any other legislation relating to the maritime sector for the time being in force;(b)co-ordinate the implementation of policies relating to maritime affairs and promote the integration of such policies into the national development plan;(c)advise government on legislative and other measures necessary for the implementation of relevant international conventions, treaties, and agreements to which Kenya is a party;(ca)liase with the National Electronic Window System established under section 3 of the National Electronic Single Window System Act (Cap. 485D) to establish digital and electronic platforms and facilitate collaboration with other agencies to promote trade;(d)undertake and co-ordinate research, investigation, and surveys in the maritime field;(e)discharge flag State and port State responsibilities in an efficient and effective manner having regard to international maritime conventions, treaties, agreements and other instruments to which Kenya is a party;(f)develop, co-ordinate and manage a national oil spill contingency plan for both coastal and inland waters and shall in the discharge of this responsibility be designated as the “competent oil spill authority”;(g)maintain and administer a ship register;(h)deal with matters pertaining to maritime search and rescue and coordinate the activities of the Kenya Ports Authority, the Kenya Navy and any other body engaged during search and rescue operations;(i)enforce safety of shipping, including compliance with construction regulations, maintenance of safety standards and safety navigation rules;(j)conduct regular inspection of ships to ensure maritime safety and prevention of marine pollution;(k)oversee matters pertaining to the training, recruitment and welfare of seafarers;(l)plan, monitor and evaluate training programmes to ensure conformity with standards laid down in international maritime conventions;(m)conduct investigations into maritime casualties including wreck;(n)undertake enquiries with respect to charges of incompetence and misconduct on the part of seafarers;(o)ensure, in collaboration with such other public agencies and institutions, the prevention of marine source pollution, protection of the marine environment and response to marine environment incidents;(p)regulate activities with regard to shipping in the inland waterways including the safety of navigation;(pp)implement and undertake co-ordination in maritime security; and(q)undertake any other business which is incidental to the performance of any of the foregoing functions.(2)For the purpose of the performance of its functions under this Act, the Authority may do anything and enter into any transaction which, in the opinion of the Authority is necessary or incidental to its functions, and in Particular and without prejudice to the generality of the foregoing, the Authority may impose fees or charges for the use of any service provided by the Authority.