ADVOKS GLOBAL · KENYA
Merchant Shipping Act
255. Offences
Edition: 2023-12-11 · In force
255. Offences
(1)Where a ship to which this Part applies proceeds or attempts to proceed to sea or on a voyage or excursion without complying with the regulations made under sections 232 to 234, the owner and master of the ship shall each commit an offence and shall be liable, upon conviction, to a fine not exceeding two hundred and fifty thousand shillings, or to imprisonment for a term not exceeding fifteen months, or to both such fine and imprisonment.(2)Any contravention of section 239(1), section 252(1) to (6) or section 253 is an offence by both the owner and master, and each commits an offence and shall be liable upon conviction to a fine not exceeding one hundred thousand shillings, or to imprisonment for a term not exceeding six months, or to both such fine and imprisonment.(3)Where a ship proceeds to sea without section 251 being complied with, the owner and master shall each commit an offence and shall be liable upon conviction to a fine not exceeding one hundred thousand shillings, or to imprisonment for a term not exceeding six months, or to both such fine and imprisonment.(4)Any contravention of section 252(7) is an offence by the master and is punishable upon conviction by a fine not exceeding seventy five thousand shillings, or to imprisonment for a term not exceeding five months, or to both such fine and imprisonment.(5)Any contravention of section 254 shall be an offence by both the owner and master and each shall be liable, upon conviction, to a fine not exceeding one hundred thousand shillings, or imprisonment for a term not exceeding six months, or to both such fine and imprisonment.(6)It shall be a defence for a person charged with an offence under this Part to prove that he took all reasonable steps to ensure that the Part was complied with.