ADVOKS GLOBAL · KENYA
Merchant Shipping Act
411. Production of ship’s documents
Edition: 2023-12-11 · In force
411. Production of ship’s documents
(1)The powers conferred by this section are conferred in relation to Kenyan ships and are available to any of the officers, mentioned in section 409 including any Kenyan consular officer.(2)The powers conferred under this section shall also be available to any Kenyan consular officer whenever he has reason to suspect that this or any law for the time being in force relating to merchant seafarers or navigation is not being complied with.(3)Powers conferred under this section are as follows—(a)to require the owner, master, or any of the crew to produce any official log books or other documents relating to the crew or any member of the crew in their possession or control;(b)to require the master to produce a list of all persons on board his ship, and take copies of or extracts from the official log books or other such documents;(c)to muster the crew; and(d)to require the master to appear and give any explanation concerning the ship or her crew or the official log books or documents produced or required to be produced.(4)Where any person, on being duly required by an officer under this section to produce a log book or any document, fails without reasonable excuse to produce the log book or document, he commits an offence and shall be liable, upon conviction, to a fine not exceeding two hundred and fifty thousand shillings or to imprisonment for a term not exceeding fifteen months or to both such fine and imprisonment.(5)Where any person, on being duly required by any officer under this section to—(a)produce a log book or document, refuses to allow the log book or document to be inspected or copied;(b)to muster the crew, impedes the muster; or(c)to give any explanation, refuses or neglects to give the explanation or knowingly misleads or deceives the officer,he commits an offence and shall be liable, upon conviction, to a fine not exceeding two hundred and fifty thousand shillings or to imprisonment for a term not exceeding fifteen months, or to both such fine and imprisonment.