ADVOKS GLOBAL · KENYA
Merchant Shipping Act
181. Disciplinary regulations
Edition: 2023-12-11 · In force
181. Disciplinary regulations
(1)The Cabinet Secretary may make regulations under this section for purposes of maintaining discipline on board Kenyan ships; and in this section, “disciplinary body” means a body established or approved by the Cabinet Secretary under subsection (6).(2)Regulations may provide for the hearing on shore in Kenya, by a disciplinary body, of a complaint by the master or owner of a Kenyan ship, other than a fishing vessel, against a seafarer alleging that during his employment on board the ship, the seafarer contravened the regulations made under this section.(3)Regulations may enable a disciplinary body—(a)to dismiss the complaint if it finds the allegation not proved; or(b)if it finds the allegation proved—(ii)to reprimand the seafarer; or(iii)to recommend to the Director-General that the seafarer shall, either for a period specified in the recommendation or permanently, cease to be entitled to a discharge book in pursuance of section 201 and shall be required to surrender any such discharge books which has been issued to him.(4)Regulations may—(a)make provision for the establishment or approval for the purposes of this section of such number of bodies as the Cabinet Secretary thinks fit and with respect to the composition, jurisdiction and procedure of any such body;(b)make provision for the payment, of such remuneration and allowances as the Cabinet Secretary may determine to any member of such a body;(c)make different provisions for different circumstances and may contain such incidental and supplemental provisions as the Cabinet Secretary may consider appropriate.(5)Without prejudice to the generality of the preceding provisions, regulations may include provision for any proceedings to take place notwithstanding the absence of the seafarer to whom they relate.(6)Nothing in the regulations or done in pursuance of the regulations shall be construed as affecting any power to institute, prosecute, entertain or determine proceedings, including criminal proceedings, under any other enactment or at common law.Inquiries and Disqualifications of Seafarers