ADVOKS GLOBAL · KENYA
Merchant Shipping Act
54. Provisional Certificate where ship registered anew
Edition: 2023-12-11 · In force
54. Provisional Certificate where ship registered anew
(1)Where a Kenyan ship is outside of Kenya and consequent upon notification is to be registered anew, a proper officer or other appropriate authority designated to act on behalf of the Government shall issue to the master on his application, either a provisional certificate, describing the ship as altered, or provisionally endorse the particulars of the alteration on the existing certificate.(2)Where the proper officer or other appropriate authority issues a provisional certificate or provisionally endorses a certificate under this section, he shall add to the certificate or endorsement a statement that the same is made provisionally.(3)The master of every ship in respect of which a provisional certificate is issued or a certificate is endorsed under this section shall, within ten days of the ship’s arrival thereafter at a port in Kenya or within six months of the date of issue or endorsement of the certificate, whichever is earlier, deliver that certificate to the Registrar of Ships and, if any master fails to comply with this subsection, commits an offence and 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.(4)Where any ship in respect of which a provisional certificate is issued or a certificate is endorsed under this section first arrives thereafter at a port in Kenya, application for registration of that ship anew shall be made to the Registrar of Ships and the other requirements requisite for registration shall be complied with; and, if, in respect of any such ship, there is failure to comply with this subsection, the owner of the ship commits an offence and 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 and, in addition, to a fine of ten thousand shillings for every day during which the offence continues after conviction and, in the event of failure to comply within a period of one month, the ship shall be liable to be expelled from Kenyan waters.