ADVOKS GLOBAL · KENYA
Merchant Shipping Act
372. Endangering safe navigation, threats, etc.
Edition: 2023-12-11 · In force
372. Endangering safe navigation, threats, etc.
(1)Subject to subsection (8), it is an offence for any person unlawfully or intentionally to—(a)destroy or damage any property to which this subsection applies; or(b)interfere with the operation of any such property,where the destruction, damage or interference is likely to endanger the safe navigation of any ship.(2)Subsection (1) applies to any property used for the provision of maritime navigation facilities, including any land, building or ship so used, and including any apparatus or equipment so used, whether it is on board a ship or elsewhere.(3)Subject to subsection (8), it is an offence for any person intentionally to communicate that which he knows to be false in a material particular, where the communication of the information endangers the safe navigation of any ship.(4)It is a defence for a person charged with an offence under subsection (3) to prove that, when he communicated the information, he was lawfully employed to perform duties which consisted of or included the communication of information, and that he communicated the information in good faith in performance of those duties.(5)A person commits an offence if—(a)in order to compel any other person to do or abstain from doing any act, he threatens that he or some other person will do in relation to any ship an act which is an offence by virtue of section 372(2)(a), (b) or (c); and(b)the making of that threat is likely to endanger the safe navigation of the ship.(6)Subject to subsection (8), a person commits an offence if—(a)in order to compel any other person to do or abstain from doing any act, he threatens that he or some other person will do an act which is an offence by virtue of subsection (1); and(b)the making of that threat is likely to endanger the safe navigation of any ship.(7)Except as provided by subsection (8), subsections (1), (3), (5) and (6) applies whether any such act as is mentioned in those subsections is committed in Kenya or elsewhere and whatever the nationality of the person committing the act.(8)For the purposes of subsections (1), (3) and (6)(b), any danger, or likelihood of danger, to the safe navigation of a warship or any other ship used as a naval auxiliary or in customs or police service is to be disregarded unless the—(a)person committing the act is a Kenyan citizen;(b)act is committed in Kenya.