ADVOKS GLOBAL · KENYA
Merchant Shipping Act
343. Duty to provide security
Edition: 2023-12-11 · In force
343. Duty to provide security
(1)A person liable for a payment under this Part shall, upon the request of the salvor, give security to the satisfaction of the salvor for the claim, including interest and costs of the salvor.(2)Without prejudice to subsection (1), the owner of the salved vessel shall take all reasonable steps to ensure that the owner of the cargo provides security to the satisfaction of such owner of the vessel or of the salvor for the claims against them, including interest and costs, before the cargo is released.(3)The salved vessel and property shall not, without the consent of the salvor, be removed from the port or place at which they first arrive after the completion of the salvage operation, until security to the satisfaction of the salvor has been put up for the salvor’s claim against the relevant vessel or property.(4)In the event of any dispute between the salvor and a person liable for a payment under this Part, or between the owner of the vessel and the owner of the cargo referred to in subsection (2), relating to the security to be provided under this section, the court or tribunal having jurisdiction over the salvors’ claim may, upon the application of any such party in that behalf, decide the amount and the terms of such security.