ADVOKS GLOBAL · KENYA
Merchant Shipping Act
38. Duplicate certificates
Edition: 2023-12-11 · In force
38. Duplicate certificates
(1)Where it is shown to the satisfaction of the Registrar of Ships that the certificate of registry has been lost, stolen or destroyed or has become defaced or illegible (“the event”), he may issue to the owner a duplicate of that certificate, which shall be marked as such, and shall be of the same effect as the original.(2)Where a duplicate certificate of registry is issued the original, if then available or if subsequently found or recovered, shall be forthwith surrendered to the Registrar.(3)Where—(a)the port where the ship is at the time of the event or, as the case may be, where it first arrives after the event, is not in Kenya; and(b)the master of the ship, or some other person having knowledge of the facts of the case, makes a declaration before the proper officer as to the event,the proper officer shall notify the Registrar.(4)On being notified of the event and being satisfied that the ship is entitled to be issued with a duplicate certificate, the Registrar shall—(a)send by facsimile or any other form of electronic transmission to the proper officer a copy of the duplicate certificate which the proper officer shall endorse with a statement of the circumstances under which it is granted; or(b)where there are no facsimile or other electronic transmission facilities, the proper officer shall issue a temporary certificate so endorsed.(5)The facsimile or other electronically transmitted version of the duplicate certificate, or the temporary certificate, as the case may be, shall be surrendered to the Registrar of Ships, as soon as an original duplicate certificate referred to in subsection (1) is received by the owner.(6)Any person who fails, without reasonable cause, to surrender a certificate of registry when required to do so under subsection (2) commits an offence and shall be liable, upon conviction, to a fine not exceeding fifty thousand shillings, or to imprisonment to a term not exceeding four months, or to both such fine and imprisonment.