ADVOKS GLOBAL · KENYA
Merchant Shipping Act
191. Liability for absence without leave
Edition: 2023-12-11 · In force
191. Liability for absence without leave
(1)This section shall apply to a seafarer employed in a Kenyan ship who is absent from the ship at a time when he is required under his contract of employment to be on board.(2)Where a seafarer proves that his absence from a ship was due to an accident or mistake or some other cause beyond his control, and that he took all reasonable precautions to avoid being absent, his absence shall not be treated as a breach of contract.(3)Where such seafarer is unable to prove the matters set out in subsection (2)—(a)if no special damages are claimed as a result of his absence, his liability shall be two thousand shillings;(b)if special damages are claimed as a result of such absence, his liability shall not be more than ten thousand shillings.