ADVOKS GLOBAL · KENYA
Merchant Shipping Act
306. Liability of owner for unsafe operation of ship
Edition: 2023-12-11 · In force
306. Liability of owner for unsafe operation of ship
(1)It shall be the duty of the owners of a ship to which this section applies to take all reasonable steps to ensure that the ship is operated in a safe manner.(2)This section applies to—(b)any ship which is—(i)registered under the law of, or flies the flag of, any country other than Kenya; and(ii)within Kenyan waters while proceeding to or from a port in Kenya,unless the ship would not be so proceeding but for weather conditions or any other unavoidable circumstances.(3)Where the owner of a ship to which this section applies fails to discharge the duty imposed on him by subsection (1), he commits an offence and shall be liable, upon conviction, to a fine not exceeding three hundred thousand shillings, or imprisonment for a term not exceeding six months, or both.(4)Where any such ship is chartered by demise, or is managed, either wholly or in part, by a person other than the owner under the terms of a management agreement within the meaning of section 304, any reference to the owner of the ship in subsection (1) or (3) shall be construed as including a reference—(a)to the charterer under the charter by demise;(b)to any such manager as mentioned in this subsection; or(c)if the ship is both chartered and managed as mentioned in this subsection, to both the charterer and any such manager,and accordingly the reference in subsection (1) to the taking of all reasonable steps shall, in relation to the owner, the charterer or any such manager, be construed as a reference to the taking of all such steps as it is reasonable for him to take in the circumstances of the case.