Merchant Shipping Act

376. Designated authority

Edition: 2023-12-11 · In force

(1)The Authority is the designated authority for Kenya in terms of section 4 Part B of the Code.

(2)The principle duties of the designated authority are to—

(a)undertake activities necessary for the effective implementation of the Code and in particular—

(i)with respect to port facilities within the territorial limits of Kenya, ensure that—

(aa)port facility security assessment are carried out, reviewed and approved in accordance with regulations made by the Cabinet Secretary;

(bb)port facility security plans are developed, implemented, maintained and approved in accordance with regulations made under this Part;

(ii)with respect to Kenyan ships, ensure that—

(aa)ship security assessment are carried out, reviewed in accordance with regulations made under this Part;

(bb)ship security plans are developed, implemented, maintained and approved in accordance with regulations made under this Part;

(b)specify, in accordance with regulations made under this Part, the appropriate security level for—

(i)port facilities within Kenya; and

(ii)ships—

(aa)registered in Kenya;

(bb)using port facilities within territorial limits of Kenya;

(cc)conducting ship to ship activities within Kenyan continental waters; and

(dd)mobile offshore drilling units that are on location within Kenya continental waters;

(c)approve—

(i)any ship security plans in accordance with regulations for the purpose; and

(ii)any amendment to an approved ship security plan that is specified in regulations as requiring the approval of the designated authority;

(d)specify and communicate the measures that must be addressed in a port facility plan or a ship security plan for each security level;

(e)determine—

(i)whether a declaration of security is required; and

(ii)the requirement of any declaration of security;

(f)approve—

(i)any port security assessment carried out by a recognised security organisation in accordance with regulations;

(ii)any port facility plan in accordance with regulations; and

(iii)any amendment to an approved port facility plan that is specified in regulations and requiring the approval of the designated authority;

(g)exercise all control measures specified in the regulations;

(h)authorise recognised security organisations in accordance with regulations made under this Act;

(i)undertake any functions or duties specified in regulations made under this Part; and

(j)carry out any lawful directions as may be given by the Cabinet Secretary.