ADVOKS GLOBAL · KENYA
Merchant Shipping Act
239. Compliance by owner and master
Edition: 2023-12-11 · In force
239. Compliance by owner and master
(1)The owner and master of every ship to which this section applies shall ensure that—(a)the condition of the ship, including its structure, machinery and equipment, is maintained so as to comply with the relevant provisions of this Part applicable to the ship;(b)after any survey required by this Part has been completed, no material change is made to the structure, machinery and equipment of the ship which was subject to the survey without the approval of a surveyor, except by direct replacement;(c)whenever an accident occurs to a ship or a defect is discovered, either of which affects the safety of the ship or the efficiency or completeness of the ship, including its structure, machinery and equipment—(i)it is reported at the earliest opportunity to a surveyor, or a proper officer; and(ii)if a Kenyan ship is in such a case in a port outside Kenya it is also reported to the appropriate authorities of the country in which the port is situated.(2)Whenever an accident or defect is reported to a surveyor or to a proper officer under subsection (1)(c)(i), the surveyor or proper officer, as the case may be, shall cause investigations to be initiated to determine whether a survey is necessary and shall, in that event, require such a survey to be carried out.(3)Subsections (1) and (2) apply to—(b)except as regards subsection (1)(a), other ships which have been surveyed pursuant to this Part.(4)All Kenyan ships, all other ships while in Kenyan waters and all companies in relation to ships referred to in this subsection shall comply with the ISM Code.(5)For the purposes of subsection (4), the “ISM Code” means the International Safety Management Code for the Safe Operation of Ships and for Pollution Prevention adopted by the Organization, and “Company” has the same meaning as in the ISM Code.