ADVOKS GLOBAL · KENYA
Merchant Shipping Act
278. Inspection
Edition: 2023-12-11 · In force
278. Inspection
(1)Subject to the following provisions of this section, a surveyor may inspect any non-Kenyan ship to which this Part applies while the ship is within any port in Kenya.(2)Any such surveyor may go on board any ship to which section 273 applies, while the ship is within any port in Kenya, for the purpose of demanding production of any International Load Line Certificate or Kenya Load Line Certificate for the time being in force in respect of the ship.(3)Where on any such demand a valid convention certificate is produced to the surveyor in respect of the ship, the powers of the surveyor under subsection (1) shall be limited to seeing that—(a)the ship is not loaded beyond the limits allowed by the certificate;(b)lines are marked on the ship in the positions of the load lines specified in the certificate;(c)no material alterations have taken place in the hull or superstructures of the ship which affect the position in which any of those lines ought to be marked; and(d)the fittings and appliances for the protection of openings, the guard rails, the free ports and the means of access to the crew’s quarters have been maintained on the ship in as effective a condition as they were in when the certificate was issued.(4)Where on an inspection of a ship under this section the ship is found to have been so materially altered in respect of the matters referred to in subsection (3)(c) or (d) that the ship is manifestly unfit to proceed to sea without danger to human life, it shall be deemed to be unsafe for the purposes of Part XII.(5)Where a ship is detained under the provisions of this Act as applied by subsection (4), the Director-General shall order the ship to be released as soon as he is satisfied that the ship is fit to proceed to sea without danger to human life.Exemptions