ADVOKS GLOBAL · KENYA
Merchant Shipping Act
427. Offences by an officer of body corporate
Edition: 2023-12-11 · In force
427. Offences by an officer of body corporate
(1)Where a body corporate commits an offence under this Act or any instrument made under it, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a Managing Director, Manager, Director or other similar officer of the body corporate, or any person who was purporting to act in such a capacity, he as well as the body corporate commits an offence and shall be liable to be prosecuted and punished accordingly.(2)Any document required or authorised, by virtue of any statutory provision, to be served on a foreign company for the purposes of the institution of, or otherwise in connection with, proceedings for an offence under this Act alleged to have been committed by the company as the owner of a ship, shall be treated as duly served on that company if the document is served on the master of the ship, and any person authorised to serve any document for the purposes of the institution of, or otherwise in connection with proceedings for an offence under this Act (whether or not in pursuance of the foregoing provisions of this subsection) shall, for that purpose, have the right to go on board the ship in question.(3)In this section, “foreign company” has the same meaning as in the Companies Act (Cap. 486).