ADVOKS GLOBAL · KENYA
Merchant Shipping Act
422. Formal investigation
Edition: 2023-12-11 · In force
422. Formal investigation
(1)A Board holding a formal investigation into a shipping casualty under section 421 shall consist of a Judge of the High Court or a chief magistrate or an advocate of at least ten years standing, who shall be assisted by one or more assessors appointed by the Cabinet Secretary, such assessors being persons with requisite skills and knowledge in maritime matters.(2)Where in any investigation, any question as to the cancellation or suspension of the certificate issued to an officer in pursuance of any regulations made under section 170(5)(c) is likely to arise, there shall be not less than two assessors.(3)Where as a result of the investigation the Board is satisfied, with respect to any officer, or any of the matters mentioned in section 182(1) and, if it is a matter mentioned in paragraph (a) or (b) of that section, is further satisfied that it caused or contributed to the accident, the Board may cancel or suspend any certificate issued to the officer under regulations made pursuant to section 170(5)(c) or censure him, and where the Board cancels or suspends the certificate, the officer shall deliver the certificate to the Board or the Director-General.(4)Where a person fails to deliver a certificate as required under subsection (3), he commits an offence shall be liable, upon conviction, to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.(5)Where a certificate has been cancelled or suspended under this section, the Director-General, if of the opinion that the justice of the case requires it, may re-issue the certificate or, as the case may be, reduce the period of suspension and return the certificate, or may grant a new certificate of the same or a lower grade in place of the cancelled or suspended certificate.(6)The Board may make such awards as it deems just with regard to the costs or, as the case may be, expenses of the investigation, and with regard to the parties by whom those costs or expenses are to be paid, and any such award of the Board may, on the application of any party named in it, be made an order of the Court.(7)Subsections (2), (3) and (4) shall apply to endorsements of certificates in the same manner as they apply to certificates.(8)The Board shall make a report on the investigation to the Cabinet Secretary.