ADVOKS GLOBAL · KENYA
Merchant Shipping Act
157. Seafarer suing for wages
Edition: 2023-12-11 · In force
157. Seafarer suing for wages
(1)Subject to section 143, a seafarer or a person authorised on his behalf, may, as soon as any wages due to him become payable, sue for them in a court having jurisdiction in the place at which his service has terminated or at which he has been discharged, or at which any master or owner or other person upon whom the claim is made, resides.(2)A court, upon an application made to it for the purposes of proceedings under this section, may summon the master or owner or other person to appear before the court to answer the application.(3)Upon the appearances of the master or owner or other person, the court may examine upon oath the parties and their respective witnesses regarding the application and the amount of wages due, and may make such order for the payment of any wages found due as appears reasonable and just.(4)Where a master or owner or other person does not appear, the court, on due proof that the master or owner or other person was duly summoned, may examine on oath the applicant and his witnesses regarding the application and the amount of wages due, and may make such order for the payment of any wages found due as appears reasonable and just.(5)Where an order under this section for the payment of the wages is not complied with within twenty-four hours after the making thereof, the court may issue a warrant to levy the amount of the wages awarded to be due by distress and sale of the goods and chattels of the person on whom the order is made together with all the charges and expenses incurred in connection with the distress and levy and the enforcement of the order.(6)Where sufficient distress cannot be found the court may cause the amount of the wages, charges and expenses to be levied on the ship in respect of which the wages were earned or on the tackle and apparel thereof, save that if the ship is not within the jurisdiction of the court, no levy may be made on the ship but the court may cause the person upon whom the order for payment is made to be arrested and committed to prison for a term not exceeding three months.