ADVOKS GLOBAL · KENYA
Merchant Shipping Act
352. Apportionment of salvage by the receiver
Edition: 2023-12-11 · In force
352. Apportionment of salvage by the receiver
(1)Where the aggregate amount of salvage payable in respect of salvage services rendered in Kenya has been finally determined either by the court in the manner provided by this Part or by agreement, and does not exceed one million shillings, but a dispute arises as to the apportionment thereof among several claimants, the person liable to pay such amount may apply to the receiver for leave to pay it to him.(2)The receiver shall, if he deems fit, receive the amount referred to in subsection (1) and if he does, he shall give to the person paying it, a certificate stating the amount paid and the services in respect of which it is paid.(3)A certificate granted under subsection (2) shall be a full discharge and indemnity to the person by whom the amount was paid and to his vessel, cargo, equipment and effects, against the claims of all persons in respect of the services mentioned in the certificate.(4)The receiver shall promptly distribute any amount received by him under this section among the persons entitled thereto, on such evidence and in such shares and proportions as he deems fit, and may retain any money which appears to him to be payable to any person who is absent.(5)Any decision by the Receiver under subsection (4) shall be made on the basis of the criteria set out in section 335.(6)A distribution of any amount made by the receiver in pursuance of this section shall be final and conclusive as against all persons claiming to be entitled to any portion of the amount distributed.