ADVOKS GLOBAL · KENYA
Merchant Shipping Act
166. Complaints regarding provisions and water
Edition: 2023-12-11 · In force
166. Complaints regarding provisions and water
(1)Where three or more seafarers employed in a Kenyan ship consider that the provisions or water provided for the seafarers employed in that ship are not in accordance with safety regulations made under this Act, whether because of bad quality, unfitness for use or deficiency in quantity, they may complain to the master, who shall investigate the complaint.(2)Where the seafarers are dissatisfied with the action taken by the master as a result of his investigation or by his failure to take any action, they may state their dissatisfaction to him and their intention to complain to the Director-General or proper officer; and thereupon the master shall make adequate arrangements to enable the seafarers to do so as soon as the service of the ship permits.(3)The Director-General or proper officer to whom a complaint has been made under this section shall investigate the complaint and may examine the provisions or water or cause them to be examined.(4)If the master fails without reasonable excuse to comply with the provisions of subsection (2), he commits an offence and shall be liable, upon conviction, to a fine not exceeding one hundred thousand shillings, or to imprisonment for a term not exceeding six months, or to both such fine and imprisonment, and if he has been notified in writing by the person making an examination under subsection (3) that any provisions or water are found to be unfit for use or not of the quality required by the regulations, then—(a)if they are not replaced within a reasonable time, the master or owner commits an offence and shall be liable, upon conviction, to a fine not exceeding fifty thousand shillings, or to imprisonment for a term not exceeding four months, or to both such fine and imprisonment unless he proves that the failure to replace them was not due to his neglect or default; or(b)if the master, without reasonable excuse, permits them to be used, he commits an offence and shall be liable, upon conviction, to a fine not exceeding fifty thousand shillings, or to imprisonment for a term not exceeding four months, or to both such fine and imprisonment.