ADVOKS GLOBAL · KENYA
Merchant Shipping Act
93. Proceedings on forfeiture of a ship
Edition: 2023-12-11 · In force
93. Proceedings on forfeiture of a ship
(1)Where any ship has become liable to forfeiture under this Act—(a)any commissioned naval or military officer; or(b)any person appointed by the Cabinet Secretary for the purposes of this section,may seize and detain the ship and bring the ship for adjudication before the Court.(2)Where a ship is subject to adjudication under this section the Court may—(a)adjudge the ship and her equipment to be forfeited to the State; and(b)make such order in the case as seems just.(3)No officer or person bringing proceedings under this section shall be liable in damages in respect of the seizure or detention of the ship, notwithstanding that the ship has not been proceeded against or, if proceeded against, adjudicated not liable to forfeiture, if the Court is satisfied that there were reasonable grounds for the seizure or detention.(4)Where the Court is not so satisfied the Court may award costs and damages to the party aggrieved and make such other order as the Court thinks just.