Kenya Maritime Authority Act

Section 1. Short title Section This Act may be cited as the Kenya Maritime Authority Act.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— “Authority” means the Kenya Maritime Authority established under section 3 ; “Board” means the Board of Directors of the Authority constituted under section 6 ; “Cabinet Secretary” means the Cabinet Secretary for the time being responsible for matters relating to Maritime Transport; “Chairperson” means the Chairperson of the Board of Directors of the Authority appointed under section 6 ; “Director-General” means the Director-General of the Authority appointed under section 11 ; “flag State” means the State whose flag a ship is entitled to fly; “financial year” means the period of twelve months ending on the thirtieth June in each year; “member” means a member of the Board of Directors; and “port State” means a State in which port a foreign ship sail subject to the appropriate convention.

Section 3. Establishment of the Authority Section 3(1) There is hereby established an Authority to be known as the Kenya Maritime Authority. Section 3(2)(a) suing and being sued; Section 3(2)(b) purchasing or otherwise acquiring, holding, charging, or disposing of movable or immovable property; Section 3(2)(c) borrowing money; Section 3(2)(d) entering into contracts; and Section 3(2)(e) doing or performing all other things or acts for the furtherance of the provisions of this Act which may be lawfully done or performed by a body corporate. Section 3(3) The Authority shall consist of such divisions as may, from time to time, be specified by the Board. Section 3(4) Spent. Section 3(5) Spent. Section 3(6) The headquarters of the Authority shall be at a port on Kenya’s coast. Section 3(7) The Authority shall establish branches at main inland waters.

Section 4. Objects of the Authority Section The principal objects of the Authority are to regulate, co-ordinate and oversee maritime affairs.

Section 5. Functions of the Authority Section 5(1)(a) administer and enforce the provisions of the Merchant Shipping Act (Cap. 389) and any other legislation relating to the maritime sector for the time being in force; Section 5(1)(b) co-ordinate the implementation of policies relating to maritime affairs and promote the integration of such policies into the national development plan; Section 5(1)(c) advise government on legislative and other measures necessary for the implementation of relevant international conventions, treaties, and agreements to which Kenya is a party; Section 5(1)(ca) liase with the National Electronic Window System established under section 3 of the National Electronic Single Window System Act (Cap. 485D) to establish digital and electronic platforms and facilitate collaboration with other agencies to promote trade; Section 5(1)(d) undertake and co-ordinate research, investigation, and surveys in the maritime field; Section 5(1)(e) discharge flag State and port State responsibilities in an efficient and effective manner having regard to international maritime conventions, treaties, agreements and other instruments to which Kenya is a party; Section 5(1)(f) de...

Section 6. Appointment of Board of Directors of the Authority Section a Chairperson appointed by the President;

Section 7. Powers of the Board Section have all powers necessary for the proper performance of its functions under this Act;

Section 8. Conduct of business and affairs of the Board Section 8(1) The conduct and regulation of the business and affairs of the Board shall be as provided in the Second Schedule. Section 8(2) Except as provided in the Second Schedule, the Board may regulate its own procedure.

Section 9. Committees of the Board Section 9(1) The Board may, by resolution either generally or in any particular case, delegate to any committee of the Board or to any member, officer, employee or agent of the Board the exercise of any of the powers or the performance of any of the functions or duties of the Board under this Act. Section 9(2) Subject to any specific or general direction of the Board, any committee established under subsection (1) may regulate its own procedure. Section 9(3) A committee may invite any person whose presence is in its opinion desirable to attend and participate in the deliberations of a meeting of a committee but such person shall have no right to vote.

Section 10. Remuneration and allowances of members of the Board Section The Authority shall pay to the Board of Directors such remuneration, fees, or allowances for expenses as may be determined by the Cabinet Secretary.

Section 11. The Director-General Section 11(1) There shall be a Director-General of the Authority who shall be appointed by the Cabinet Secretary on the recommendation of the Board and shall hold office for a period not exceeding three years on such terms and conditions as shall be specified in the instrument of appointment but shall be eligible for re-appointment. Section 11(2) The Director-General shall be the chief executive of the Authority responsible for the day to day management and operations of the Authority and shall have control over all personnel and other activities of the Authority. Section 11(3) The Director-General shall be an ex officio member of the Board. Section 11(4) No person shall qualify to be appointed as Director-General under subsection (1) unless, such person is a holder of a degree from a recognised university and has at least ten (10) years’ working experience, in a relevant field, which in the opinion of the Board and the Cabinet Secretary is sufficient to enable the person so appointed to carry out his or her duties as the Director-General. Section 11(5)(a) ensure that the provisions of this Act and any rules and regulations made thereunder are compl...

Section 12. Delegation of power by the Director-General Section 12(1) The Director-General may, from time to time, in writing, either generally or particularly, delegate the exercise of any powers or the performance of any duties conferred on him by or under this Act to such person or persons as he may think fit, but such delegation shall not affect the exercise of such powers or performance of such duties by the Director-General. Section 12(2) Any act done pursuant to a power delegated under subsection (1) shall have the same effect as if done by the Director-General. Section 12(3) Every officer purporting to act pursuant to any delegation under this section, shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of such delegation.

Section 13. Appointment of Secretary to the Board Section 13(1) There shall be a Secretary to the Authority who shall be appointed by the Board. Section 13(2) The Secretary shall be responsible for arranging the business of the Board’s meetings, keeping records of the proceedings of the Board, and shall perform such other duties as the Board may direct. Section 13(3) In the performance of his or her duties under this Act, the Secretary shall be responsible to the Director-General. Section 13(4) The Board may in the absence of the Secretary appoint any member of the Board or staff of the Authority to temporarily perform the functions of the Secretary under subsection (2). Section 13(5) Any functions delegated under subsection (3) may be so delegated subject to such conditions or restrictions as the Board may either generally or specifically determine.

Section 14. Appointment of officers and other employees of the Authority Section 14(1)(a) the Registrar of Ships; Section 14(1)(b) the Registrar of Seafarers; Section 14(1)(c) the Chief Surveyor of Ships; and Section 14(1)(d) the Chief Receiver of Wreck. Section 14(2) The Board may also appoint such other officers and staff as it may deem necessary for the proper and efficient discharge of the functions of the Authority on such terms and conditions of service as the Board may determine. [Act No. 7 of 2007 , Sch.]

Section 15. Business plan Section 15(1) The Authority shall prepare a business plan at least ninety days before the beginning of every financial year to be approved by the Cabinet Secretary. Section 15(2)(a) include a statement of the short and medium term operational and business objectives of the Authority for at least five years; Section 15(2)(b) outline the strategies and policies that the Authority intends to adopt in order to achieve its objectives; and Section 15(2)(c) include, inter alia , an operational plan, a financial plan, a human resources plan and performance indicators. Section 15(3) The financial plan shall include estimates of expenditure and revenues for the following financial years. Section 15(4) The Authority may amend the business plan with the Cabinet Secretary’s approval. Section 15(5) The Cabinet Secretary’s approval under subsection (1) or (4) shall have effect from the beginning of the financial year concerned. Section 15(6) If the Cabinet Secretary fails to grant written approval of the business plan or to direct any changes within sixty days after the submission for approval, the business plan shall be deemed to have been approved by the Cabinet Secret...

Section 16. Financial targets and performance indicators Section the need for high standards of maritime safety;

Section 17. Cabinet Secretary may direct variation of financial plan Section 17(1) The Cabinet Secretary may direct the Authority to vary the financial plan in respect of financial targets, and performance indicators, relating to the provision of services and facilities. Section 17(2) A direction under subsection (1) shall be in writing and shall set out the reasons therefor.

Section 18. Funds of the Authority Section 18(1)(a) such sums as may, from time to time, be appropriated by Parliament for that purpose; and Section 18(1)(b) such fees, fines, levies or other charges as the Cabinet Secretary may approve from time to time. Section 18(2) The Authority may receive grants and donations from any other source: Provided that such grants and donations shall not be made or received for purposes of influencing the decision or ability of the Authority in any way and shall be disclosed in the annual report of the Authority. Section 18(3) There shall be paid out of the funds of the Authority, all expenditure incurred by the Authority in the exercise of its powers or the performance of its functions under this Act.

Section 19. Bank accounts Section The Authority shall open and maintain such bank accounts as are necessary for the performance of its functions.

Section 20. Investment of funds Section invest any of its surplus funds in Government securities;

Section 21. Annual estimates Section 21(1) At least three months before the commencement of each financial year the Director-General shall cause to be prepared estimates of the revenue and expenditure of the Authority for that year. Section 21(2)(a) the payment of salaries, allowances and other charges in respect of the staff and Board members of the Authority; Section 21(2)(b) the payment of pensions, gratuities and other charges in respect of the staff of the Authority; Section 21(2)(c) the proper maintenance of the buildings and grounds of the Authority; and Section 21(2)(d) the maintenance, repair and replacement of the equipment and other property of the Authority. Section 21(3) The annual estimates shall be approved by the Board before the commencement of the financial year to which they relate and shall be submitted to the Cabinet Secretary for approval and after the Cabinet Secretary’s approval, the Authority shall not increase the annual estimates without the consent of the Cabinet Secretary.

Section 22. Accounts and audit Section 22(1) The Authority shall cause to be kept proper books and records of account of the income, expenditure and assets of the Authority. Section 22(2)(a) a statement of the income and expenditure of the Authority during that year; and Section 22(2)(b) a statement of the assets and liabilities of the Authority on the last day of that year. Section 22(3) Notwithstanding the provisions of any other written law for the time being in force, the accounts of the Authority shall be audited in accordance with the provisions of the Public Audit Act (Cap. 412B). [Act No. 7 of 2007 , Sch.]

Section 23. Seal of the Authority Section 23(1) The seal of the Authority shall be such device as may be determined by the Board and shall be kept by the Secretary to the Authority. Section 23(2) The affixing of the seal shall be authenticated by the Director-General and the Secretary or some other person authorised in that behalf by a resolution of the Board. Section 23(3) Any contract or instrument which if entered into or executed by a person not being a body corporate would not be required to be under seal may be entered into or executed without seal on behalf of the Authority by the Secretary or any other person generally or specifically authorised by the Board in that behalf. Section 23(4) Any document purporting to be a document under the seal of the Authority or issued on behalf of the Authority shall be received in evidence and shall be deemed to be executed or issued, as the case may be, without further proof, unless the contrary is proved.

Section 24. Relief from prosecution Section No action shall lie against the Authority or any of its officers or other persons appointed or authorised to perform any function under this Act in respect of anything done or omitted to be done by him in good faith in the exercise or performance of any power, authority, or duty conferred or imposed on him under this Act.

Section 25. Prohibition of publication or disclosure of information to unauthorised persons Section 25(1) No person shall, without the consent in writing given by or on behalf of the Authority, publish or disclose to any person other than in the course of his duties, or when lawfully required to do so by any court or under any law, the contents of any document, communication or information whatsoever, which relates to, and which has come to his knowledge in the course of his duties under this Act. Section 25(2) Any person who knowingly contravenes the provisions of subsection (1) shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding fifty thousand shillings or to imprisonment for a term not exceeding five years or to both. Section 25(3) Where any person having information which to his knowledge has been published or disclosed in contravention of subsection (1) unlawfully publishes or communicates any such information to any other person, he shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding thirty thousand shillings or to imprisonment for a term not exceeding five years or to both. Section 25(4) The cons...

Section 26. Regulations Section The Cabinet Secretary may make regulations for prescribing anything under this Act and generally for the better carrying into effect the provisions of this Act.