ADVOKS GLOBAL · KENYA
Merchant Shipping Act
252. Prohibition on proceeding to sea
Edition: 2023-12-11 · In force
252. Prohibition on proceeding to sea
(1)A Kenyan ship shall not proceed to sea unless it has been surveyed and there is in force—(a)in the case of a passenger ship engaged on international voyages, a Passenger Ship Safety Certificate, or, if the ship is only engaged on short international voyages, a Short International Voyage Passenger Ship Safety Certificate;(b)in the case of a cargo ship of three hundred tons or over engaged on international voyages, a Cargo Ship Safety Radio Certificate;(c)in the case of a cargo ship of five hundred tons or over engaged on international voyages, a Cargo Ship Safety Equipment Certificate and a Cargo Ship Safety Construction Certificate; or(d)in the case of a cargo ship of five hundred tons or over engaged on international voyages, a Cargo Ship Safety Certificate.(2)No ship registered in a country to which the Safety Convention applies shall proceed to sea from a port in Kenya unless there is in force such certificates that would be required under the Safety Convention if the ship was a Kenyan ship, and the extension provisions in section 246 shall apply to such certificates as if the ship was a Kenyan ship and the Government of the country in which the ship is registered is substituted for the Director-General.(3)No cargo ship of five hundred tons and over not engaged on international voyages shall proceed to sea from a port in Kenya unless it has been surveyed and there is in force a Kenyan Cargo Ship Safety Certificate.(4)Subject to regulations made under section 234, no cargo ship of less than five hundred tons shall proceed to sea from a port in Kenya unless it has been surveyed and there is in force a Kenya Cargo Ship Safety Certificate.(5)No ship registered in a country to which the Safety Convention does not apply shall proceed to sea from a port in Kenya unless the ship possesses documents which shows that either the ship has been surveyed for compliance with the relevant regulations applicable to the ship as though it was a Kenyan ship or it has been surveyed and is in compliance with the relevant regulations applicable to the ship.(6)Where a certificate is issued subject to conditions, or specifies sea areas in which the ship is certified to operate, the owner and master shall ensure that all conditions are complied with, or, as the case may be, that the ship only operates in the specified sea areas.(7)The master of every ship shall produce to a port authority from whom a clearance for the ship is demanded for an international voyage the certificates or documentation referred to in this section, and a clearance shall not be granted and the ship may be detained until those certificates are produced.