ADVOKS GLOBAL · KENYA
Merchant Shipping Act
83. Transmission of property in ship on death, bankruptcy, marriage, etc.
Edition: 2023-12-11 · In force
83. Transmission of property in ship on death, bankruptcy, marriage, etc.
(1)Where the property in a registered ship or share therein is transmitted to any person by any lawful means other than a transfer under section 80, and a majority interest remains in the ownership of a person qualified to be an owner of a Kenyan ship—(a)that person shall authenticate the transmission by making and signing a declaration (in this Act called “declaration of transmission”) identifying the ship and containing the several statements hereinbefore required to be contained in a declaration of transfer, or as near thereto as circumstances admit, and also provide a statement of the manner in which the property has been transmitted;(b)where the transmission is consequent upon bankruptcy, the declaration of transmission shall be accompanied by such evidence as is acceptable by the court as proof of the title of persons claiming under a bankruptcy;(c)the transmission is consequent upon death, the declaration of transmission shall be accompanied by the instrument of representation, or an official extract therefrom;(d)the transmission was consequent upon an order of a court, a copy of the order or judgement of that court.(2)The Registrar of Ships, on receipt of the declaration of transmission so accompanied, and upon being satisfied that the ship remains entitled to be registered in Kenya, shall enter in the register the name of the person entitled under the transmission as owner of the ship or share the property in which has been transmitted, and, where there is more than one such person, shall enter the names of all those persons in the register, but those persons, however numerous, shall, for the purpose of the provisions of this Act with respect to the number of persons entitled to be registered as owners, be considered as one person.