ADVOKS GLOBAL · KENYA
Merchant Shipping Act
170. Manning regulations
Edition: 2023-12-11 · In force
170. Manning regulations
(1)Subject to subsection (3), the Cabinet Secretary may make regulations, referred to in this Act as the “Training, Certification and Safe Manning Regulations”—(a)requiring ships to which this section applies to carry such number of qualified officers of any description, qualified doctors and qualified cooks and such number of other seafarers or qualified seafarers of any description as may be specified in the regulations;(b)prescribing or enabling the Cabinet Secretary to specify standards of competence to be attained and other conditions to be satisfied, subject to such exceptions as may be allowed by or under the regulations, by officers and other seafarers of any description in order to be qualified for the purposes of this section;(c)prescribing medical fitness requirements for seafarers.(2)In making regulations under this section, the Cabinet Secretary shall have due regard to the STCW Convention.(3)The Cabinet Secretary shall not exercise his power to make regulations requiring ships to carry seafarers other than doctors and cooks except to the extent that it appears to him necessary or expedient in the interests of safety.(4)Regulations under this section may make different provisions for different descriptions of ship or for ships of the same description in different circumstances.(5)Without prejudice to the generality of subsection (1)(b), the conditions prescribed or specified under that paragraph may include conditions as to nationality, and regulations made for the purposes of that paragraph may make provision, or enable the Director-General to make provision, for—(a)the manner in which the attainment of any standard or the satisfaction of any other condition is to be evidenced;(b)the conduct of any examinations, the conditions for admission to them and the appointment and remuneration of examiners;(c)the issue, form and recording of certificates and other documents,and different provisions may be made or enabled to be made for different circumstances.(6)Where a person makes a statement which he knows to be false or recklessly makes a statement which is false in a material particular for the purpose of obtaining for himself or another person a certificate or other document which may be issued under this section, he commits an offence and shall be liable, upon conviction, to a fine not exceeding two hundred and fifty thousand shillings, or to imprisonment for a term not exceeding fifteen months, or to both such fine and imprisonment.