ADVOKS GLOBAL · KENYA
Merchant Shipping Act
395. Liability for dock owners and port authority
Edition: 2023-12-11 · In force
395. Liability for dock owners and port authority
(1)This section applies in relation to a port authority and the owners of any dock.(2)The liability of a port authority or person to whom this section applies for any loss or damage caused to any ship, or to any goods, merchandise or other things whatsoever on board any ship shall be limited in accordance with subsection (5), by reference to the tonnage of the largest Kenya ship which, at the time of the loss or damage is, or within the preceding five years has been, within the area over which an authority or person discharges any functions.(3)The limitation of liability under this section relates to the whole of any loss and damage which may arise on any one distinct occasion, although such loss and damage may be sustained by more than one person, and shall apply whether the liability arises at common law or under any enactment, and notwithstanding anything contained therein.(4)This section does not exclude the liability of a port authority or person to which it applies for any loss or damage resulting from any such personal act or omission of the port authority or person as is mentioned in section 389.(5)The limit of liability shall be ascertained by applying to the ship by reference to which the liability is to be determined, the method of calculation specified in section 391 (b) read with section 394.(6)For the purposes of subsection (2), a ship shall not be treated as having been within the area over which a port authority discharges any functions by reason only that is has been built or fitted out within the area, or that is has taken shelter within or passed through the area on a voyage between two places both situated outside that area, or that it has loaded or unloaded mails or passengers within the area.(7)Sections 399 and 400 shall apply for the purposes of this section.(8)Nothing in this section imposes any liability for any loss or damage where no liability exists apart from this section.(9)In this section—“dock” includes wet docks and basins, tidal docks and basins, locks, cuts, entrances, dry docks, graving docks, slips, quays, wharves, piers, stages, landing places and jetties; and“owners of any dock” includes any authority or person having the control and management of any dock.