ADVOKS GLOBAL · KENYA
Merchant Shipping Act
183. Disqualification of certificate holder
Edition: 2023-12-11 · In force
183. Disqualification of certificate holder
(1)Where it appears to the Director-General that a person who is the holder of a certificate to which this section applies is unfit to be the holder of such a certificate, whether by reason of incompetence or misconduct or for any other reason, the Director-General may give him notice in writing that he is considering the suspension or cancellation of the certificate.(2)The notice shall state the reasons why it appears to the Director-General that the person is unfit to be the holder of such a certificate and shall state that within a period specified in the notice, or such longer period as the Director-General may allow, he may make written or oral representations to the Director-General.(3)After considering any representations made in accordance with subsection (2), the Director-General shall decide whether or not to suspend or cancel the certificate and shall give the holder thereof a notice in writing of his decision.(4)Where the Director-General suspends or cancels the certificate, the notice shall state the date from which the cancellation is to take effect, or the date from which and the period for which the suspension is to take effect, and shall require the holder to deliver the certificate to the Director-General not later than the date so specified unless, before that date, the holder has required the case to be dealt with by an inquiry under section 184.(5)Where, before the date specified in the notice, the holder requires the case to be dealt with by such an inquiry, then, unless he withdraws the requirement, the suspension or cancellation shall not take effect except as ordered in pursuance of the inquiry.(6)The Cabinet Secretary may make regulations prescribing the procedure to be followed with respect to the making and consideration of representations in pursuance of this section, the form of any notice to be given under this section and the period to be specified in any such notice as the period within which any steps are to be taken.(7)This section applies to every certificate issued under section 176, and to any certificate issued under section 170, other than one certifying that a person is qualified as an officer.