ADVOKS GLOBAL · KENYA
Merchant Shipping Act
88. Offences relating to Kenyan character of ship
Edition: 2023-12-11 · In force
88. Offences relating to Kenyan character of ship
(1)Where the master or owner of a ship which is not a Kenyan ship does anything, or permits anything to be done, for the purpose of causing the ship to appear to be a Kenyan ship then, except as provided by subsections (2) and (3), the ship shall be liable to forfeiture and each of the master, owner and charterer, if any, commits an offence and, upon conviction, shall be liable as provided in section 89.(2)No liability shall arise under subsection (1) where the assumption of Kenyan national character has been made for the purpose of escaping capture by an enemy or by a foreign ship of war in the exercise of some belligerent right.(3)Where the registration of any ship has terminated by virtue of any provision of this Act or the registration regulations, any marks prescribed by such regulations displayed on the ship within the period of fourteen days beginning with the date of termination of that registration shall be disregarded for the purposes of subsection (1).(4)Where the master or owner of a Kenyan ship does anything, or permits anything to be done, for the purpose of concealing the nationality of the ship, the ship shall be liable to forfeiture and each of the master, owner and charterer, if any, commits an offence and liable as provided in section 89.(5)Where a person uses the Kenyan flag and assumes the Kenyan character on board a ship owned in whole or in part by any person not qualified to own a Kenyan ship for the purpose of making it appear to be a Kenyan ship, the ship shall be liable to forfeiture under this Act, unless the assumption has been made for the purpose of escaping capture by an enemy or by a foreign ship of war in the exercise of some belligerent right.(6)In any proceeding for enforcing any such forfeiture in accordance with subsection (2), the burden of proving the right to use the Kenyan flag and to assume the Kenyan national character shall be upon the person using and assuming the same.