ADVOKS GLOBAL · KENYA
Merchant Shipping Act
295. Carriage of grain
Edition: 2023-12-11 · In force
295. Carriage of grain
(1)Where grain is loaded on board any Kenyan ship, or is loaded within any port in Kenya on board any ship, all necessary and reasonable precautions shall be taken to prevent the grain from shifting, and if such precautions are not taken, the owner or the master of the ship, or any agent of the owner who was charged with the loading, or with sending the ship to sea laden with the grain, commits an offence and shall be liable, upon conviction, to a fine not exceeding five hundred thousand shillings, or to imprisonment for a term not exceeding three years, or to both such fine and imprisonment and the ship shall be deemed for the purposes of Part XII to be unsafe by reason of improper loading.(2)Where any ship, having been loaded with grain outside Kenya without the taking of all necessary and reasonable precautions to prevent the grain from shifting, enters any port in Kenya so laden, the owner or master of the ship commits an offence and shall be liable, upon conviction, to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding three years or to both such fine and imprisonment, and the ship shall be deemed for the purposes of Part XII to be unsafe by reason of improper loading.(3)No offence is committed under subsection (2) where the ship would not have entered any such port but for stress of weather or any other circumstance that neither the master nor the owner nor the charterer, if any, could have prevented or forestalled.(4)For the purpose of ensuring the observance of this section, a surveyor may go on board any Kenyan ship, or any foreign ship which is in any port of Kenya, and inspect any grain loaded in the ship and the manner in which it is stowed.