Kenya Ports Authority Act

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

Section 2. Interpretation and application Section 2(1) In this Act, except where the context otherwise requires— "animals" means animate things of every kind except human beings; "authorized employee" means an employee authorized by the Managing Director to exercise the powers or perform the duties in respect of which the expression is used; "beacon" means any light, mark or other structure, erected by the Authority for the purposes of navigation; "Chairperson" means the Chairperson of the Board appointed under section 4 ; "charges" means all sums received or receivable, charged or chargeable for, or in respect of, any ship or port or the handling or warehousing of goods by the Authority or for, or in respect of, any other service performed or facilities provided by the Authority; "customs law" means any law in force imposing or relating to the collection of customs or excise duties or transfer tax; "employee" means any person in the service of the Authority; "ferry" means any vessel plying within a port, or the approaches thereto, for the purpose of the carriage of passengers or goods; "goods" includes luggage, animals (whether alive or dead) and all other movable property of any...

Section 3. Establishment and incorporation of the Kenya Ports Authority Section 3(1) There shall be an Authority to be known as the Kenya Ports Authority, in this Act referred to as the Authority. Section 3(2) The Authority shall be a body corporate with perpetual succession and a common seal and shall have power to sue and be sued in its corporate name and to acquire, hold and dispose of movable and immovable property for the purposes of the Authority. Section 3(3) The headquarters of the Authority shall be at Mombasa.

Section 4. Board of Directors Section a Chairperson of the Board who shall be appointed by the Cabinet Secretary;

Section 5. Managing Director Section 5(1) There shall be a Managing Director who shall be appointed by the Cabinet Secretary after consultation with the Board and whose terms and conditions of service shall be determined by the Cabinet Secretary in the instrument of appointment or otherwise in writing from time to time. Section 5(2) Subject to this Act, the control and executive management of the Authority shall be vested in the Managing Director.

Section 6. Remuneration of Directors of the Board Section The Authority shall pay to the directors such remuneration, fees or allowances for expenses as may be determined by the Cabinet Secretary: Provided that no remuneration, fees or allowances shall be paid to any director who is a public officer in receipt of a salary.

Section 7. Further provision as to the Board Section The First Schedule shall have effect with respect to the constitution or organization of the Board and otherwise in relation thereto.

Section 8. General duty of the Board Section 8(1) It shall be the duty of the Board to provide by means of the undertaking of the Authority a co-ordinated system of ports and facilities relating thereto. Section 8(2)(a) the fullest development, consistent with economy, of the undertaking of the Authority; Section 8(2)(b) that the undertaking of the Authority is operated efficiently, economically and with due regard to safety; Section 8(2)(c) that the financial administration of the Authority is conducted in accordance with Part V; Section 8(2)(d) that the Authority provides all reasonable facilities for handling and warehousing of cargo and other goods; and Section 8(2)(e) that no particular person or body is given any undue preference or is subjected to any undue disadvantage.

Section 9. Powers of Managing Director Section establish and operate port services and facilities relating thereto;

Section 10. Powers of the Board Section approve any minor alteration in the tariffs, rates, fares and other charges;

Section 11. Powers of the Cabinet Secretary Section give directions of a general nature to the Board relating to the operation of the undertaking of the Authority;

Section 12. Powers of the Authority as a statutory body Section 12(1)(a) to maintain, operate, improve and regulate the ports set out in the Second Schedule; Section 12(1)(b) to construct, operate and maintain beacons and other navigational aids; Section 12(1)(c) to construct new ports; Section 12(1)(d) to carry on the business of stevedore, wharfinger or lighterman; Section 12(1)(e) to act as warehousemen and to store goods whether or not such goods have been or are to be handled as cargo or carried by the Authority; Section 12(1)(f) to the extent determined by the Cabinet Secretary, to act as carriers of goods or passengers by land or sea; Section 12(1)(g) to consign goods on behalf of other persons to any places whether within Kenya or elsewhere; Section 12(1)(h) to provide such amenities or facilities for persons making use of the services performed or the facilities provided by the Authority as may appear to the Board necessary or desirable. Section 12(2)(a) to construct any wharf, pier, landing stage, road, bridge, building or any other necessary or desirable works required for the purposes of the Authority; Section 12(2)(b) to clean, deepen, improve or alter any port or the...

Section 13. Acquisition of land for the purposes of the Authority Section 13(1)(a) if such land is not public land, acquire such land through negotiation and agreement with the registered owner thereof: Provided that, notwithstanding the provisions of section 6 of the Land Control Act ( Cap. 302 ), the ensuing transaction shall not require the consent of a land control board if the land to be acquired is agricultural land; or Section 13(1)(b) if such land is public land, or if the Authority is unable to acquire it by agreement in accordance with paragraph (a) of this subsection, notify the Cabinet Secretary responsible for public lands that the land specified in the notice is required for the purposes of the Authority. Section 13(2)(a) if the land is public land, the Cabinet Secretary responsible for lands may, in his discretion and upon such terms and conditions as he may think fit, place such land at the disposal of the Authority for the purposes of the Authority; Section 13(2)(b) if the land is not public land, any provision in any written law which empowers the President or the Cabinet Secretary responsible for lands to acquire or direct the acquisition of such land for any spe...

Section 14. Power to enter and survey land Section 14(1) Any authorized employee of the Authority may, for the purposes of the Authority, enter upon any land and survey such land or any portion thereof. Section 14(2) Where any damage to land is caused, by reason of the exercise of the powers conferred by this section, the owner or occupier of the land shall be entitled to compensation therefor in accordance with this Act.

Section 15. Power to enter land to prevent accidents,etc. Section 15(1)(a) cut down or remove any tree or other obstruction, not being a building, which obscures the view of any beacon or other fixed signal which is likely to cause any obstruction or any danger to the safety of navigation or of any such service; Section 15(1)(b) execute such other works as may be necessary to prevent the occurrence of any accident or to repair any damage caused as a result of any accident. Section 15(2) If any tree or other obstruction cut down or removed under subsection (1)(a) came into existence subsequent to the erection of any beacon or fixed signal or to the service being provided at that place, no compensation shall be payable in respect of such entry, or the cutting down or removal of such tree or other obstruction. Section 15(3) Where any person erects any building which obscures the view of any beacon or other fixed signal or is likely to cause any obstruction or any danger to navigation or to the operation of any service provided by the Authority, the Authority may, unless such person has previously obtained the approval of the Managing Director to the erection of such building or has mo...

Section 16. Power to enter land to alter position of pipes,etc. Section 16(1) Subject to the provisions of this section the Authority, or any authorized employee, may, for the purposes of the Authority, enter upon any land and alter the position of any pipe for the supply of gas, oil, water or compressed air or the position of any electric, telephone or telegraphic wire or the position of any drain. Section 16(2)(a) such authority or person may authorize a representative to superintend such work and may require the Authority to execute such work to the satisfaction of such representative; Section 16(2)(b) the Authority shall make arrangements for the maintenance of the supply of gas, oil, water, compressed air or electricity, for the continuance of the telephone or telegraph communications or for the maintenance of the drainage, as the case may be, during the execution of such work. Section 16(3) Where any damage is caused by reason of the exercise of the powers conferred by this section, the person suffering such damage shall be entitled to compensation therefor in accordance with this Act. Section 16(4) This section shall not apply to any oil pipeline owned or operated by the Ken...

Section 17. Power to take water Section if there is any law regulating the taking of any such water, to the provisions of that law; or

Section 34. Port limits Section The Cabinet Secretary may, by order, define the limits of any port.

Section 35. Power to amend the Second Schedule Section The Cabinet Secretary may, by order, amend the provisions of the Second Schedule.

Section 36. Compulsory pilotage ports Section 36(1) The ports specified in Part II of the Second Schedule shall be compulsory pilotage ports and all ships, other than exempted ships, navigating, whether by entering, leaving or moving within the limits of a compulsory pilotage port, shall be under the pilotage of a pilot. Section 36(2)(a) ships owned or operated by the Government; Section 36(2)(b) ships owned or operated by the Authority; Section 36(2)(c) authorized ferries plying as such exclusively within the limits of a port; Section 36(2)(d) ships of less than two hundred tons net register; Section 36(2)(e) ships trading exclusively between ports in Kenya; Section 36(2)(f) tugs, dredgers, barges or similar vessels whose ordinary course of navigation does not extend beyond the limits of the port. Section 36(3) The Cabinet Secretary may, by notice in the Gazette , exempt from compulsory pilotage any class of ship either generally or in relation to any particular port. Section 36(4) The Managing Director may exempt from compulsory pilotage any ship in any particular case. Section 36(5) Where any port is a compulsory pilotage port the Cabinet Secretary may, by order, define the limi...

Section 37. Passengers,etc., to be embarked,etc., only at a port Section the Managing Director may authorize the master of any ship to embark passengers or goods at any place other than a port;

Section 38. Master to supply information,etc. Section the ship’s register and the ship’s papers;

Section 39. Port rates may be levied Section 39(1) There shall be levied upon every ship entering a port such port rates and charges as the Authority may determine and publish in the Tariff Book. Section 39(2) At any port where there is a port office there shall be available for public inspection at such port office a notice specifying all port rates and charges applicable at that port.

Section 40. Power to arrest ship for port charges Section 40(1) Where any port charges are owing in respect of any ship, an authorized employee may arrest the ship and the tackle, apparel and furniture thereof and may detain it until the amount of such charges is paid. Section 40(2) Where, after such arrest, any such port charges remain unpaid for a period of seven days, an authorized employee may cause the ship and the tackle, apparel and furniture thereof arrested, to be sold and out of the proceeds of such sale he may retain the amount of any port charges which are owing and the expenses of the detention and sale thereof, and shall deliver the balance, if any, to the person responsible, under this Act, for the payment of such port charges. Section 40(3) Where any ship, in respect of which port charges are owing and have not been secured to the satisfaction of an authorized employee leaves any port and enters or is in any other port then such ship may be dealt with as if the port charges so owing and secured were port charges owing in respect of such other port.

Section 41. Refusal of outward clearance Section all port rates and charges due in respect of the ship, and all penalties and expenses to which the ship and her master are liable under this Act, have been paid or secured to the satisfaction of an authorized employee; and

Section 42. Powers of authorized employee in relation to a port Section 42(1)(a) remove any obstruction to a port or its approaches or any boat, timber, raft or other thing floating in a port which endangers or obstructs, or is likely to endanger or obstruct, the free navigation of the port or the use of any wharf or dock therein; Section 42(1)(b) in case of urgent necessity, take any action in a port which in his opinion may be necessary to prevent any danger to life or shipping; Section 42(1)(c) enter upon any ship or into any building in a port if it is necessary for him so to do in the performance of any duty under this Act or if he has reasonable grounds for believing that an offence against this Act has been, or is about to be, committed therein. Section 42(2) The owner of any thing removed by an authorised employee under the provisions of paragraph (a) of subsection (1) shall, without prejudice to any other action which may be taken against him, be liable to pay the reasonable expenses of such removal; and such thing may be detained by such employee until such expenses are paid. Section 42(3) Where any thing is removed under the provisions of paragraph (a) of subsection (1)...

Section 43. Powers of health officers in a port Section 43(1)(a) medically examine any person therein; Section 43(1)(b) inspect the provisions, medicines and accommodation therein; Section 43(1)(c) require the master to produce the log-book and any other documents which such health officer may think necessary for the purpose of ascertaining the state of health of persons therein and the master shall produce such log-book or documents; Section 43(1)(d) question any person therein for the purpose of ascertaining the state of health of such person; Section 43(1)(e) prohibit any person therein who appears to be infected with, or who has been exposed to the risk of infection from, any infectious or contagious disease from leaving such ship or cause any such person to be landed and detained in any hospital or quarantine station. Section 43(2) In this section the expression "health officer" means a medical practitioner appointed under any law to discharge the duties of a health officer at a port or such other person as may be deputed to perform port health duties by the Port Health Officer.

Section 44. Authority may retain goods until freight,etc., paid Section 44(1)(a) the production of a receipt for, or a release from, the payment of such amount signed, or purporting to be signed, by or on behalf of the ship owner; or Section 44(1)(b) payment of such amount, together with any rates, charges and duties due in respect of such goods has been made by the person entitled to take delivery thereof. Section 44(2) Where the Authority delivers any goods in respect of which a notice has been given under subsection (1) to a person producing such receipt or release or making such payment as is referred to in that subsection, the Authority shall be freed from all liability to any person in respect of the goods. Section 44(3) The Authority shall be entitled to such charges as may be determined under this Act in respect of the custody of any goods delivered to it in accordance with this section and may do all such reasonable acts and incur such reasonable expenses as are necessary for the proper custody and preservation of the goods and shall have a lien on the goods for such charges and any other expenses so incurred. Section 44(4) Nothing in this section shall be construed as req...

Section 45. Liability for demurrage Section The Authority shall not be liable for any demurrage which may occur or be due on any ship howsoever such demurrage may have been caused.

Section 46. Master responsible for contravention of Act,etc., in respect of ship Section The master of a ship shall be responsible for the compliance in respect of such ship with the provisions of this Act and, in the event of a contravention thereof, may be proceeded against and held responsible for such contravention.

Section 47. Act to be available to master Section The Authority shall, in every port, maintain for the inspection of the master of any ship arriving at such port a copy of this Act, any port regulations made thereunder and of any law relating to quarantine.

Section 18. Principles of operation Section 18(1) It shall be the duty of the Authority to conduct its business according to commercial principles and to perform its functions in such a manner as to secure that, taking one year with another, its gross revenue is not less than sufficient to meet its outgoings which are properly chargeable to revenue account including proper allocations to the general reserve and provision in respect of depreciation of capital assets, pension liabilities and interest and other provision for the repayment of loans and further to ensure that, taking one year with another, its net operating income is not less than sufficient to secure an annual return on the value of the net fixed assets in operation by the Authority of such a percentage as the Cabinet Secretary may, from time to time, direct. Section 18(2)(a) "net operating income" shall be determined by subtracting from gross operating revenue all operating and administrative expenses including adequate provision for maintenance and depreciation but excluding interest and other charges on debt; Section 18(2)(b) "value of the net fixed assets in operation" shall be the gross value of such assets less t...

Section 19. Borrowing powers Section 19(1) The Authority may borrow money by the issue of loan stock on such terms as may be approved by the Cabinet Secretary responsible for finance. Section 19(2) The Authority may otherwise borrow money or obtain credit in Kenya or abroad for its purposes with the concurrence of, and subject to such limitations as may be imposed by the Cabinet Secretary responsible for finance. Section 19(3) Such stock issued under the provisions of subsection (1), and such moneys borrowed or credit obtained under the provisions of subsection (2), as the Cabinet Secretary responsible for finance shall approve for the purposes of this subsection, and all interest and other charges payable in respect of such stock, moneys or credit, shall, unless the instrument or note evidencing or supporting such borrowing shall otherwise provide, be charged upon all the property, undertaking and revenue of the Authority by operation of this section and without further charge or instrument. Section 19(4) Any stock issued by the East African Harbours Corporation which, by virtue of any order made under subsection (4) of section 74 , becomes the liability of the Authority shall, su...

Section 20. Annual accounts Section 20(1) The Board shall ensure that proper accounts and other records are kept in relation to the revenue and expenditure of the Authority and shall ensure that within six months of the end of each financial year of the Authority or such longer period as the Cabinet Secretary may allow in any particular case, a statement of accounts of the Authority is prepared in accordance with the best commercial standards and any directions which may be issued by the Cabinet Secretary, and transmitted to the Auditor-General. Section 20(2) The accounts of the Authority and of all officers and authorities of the Authority shall be audited by the Auditor-General and for that purpose the Auditor-General and any person authorized by him in that behalf, whether or not a public officer, shall have access to all books, records, returns and other documents relating to those accounts and upon receipt of a statement of accounts transmitted to him under subsection (1) the Auditor-General shall examine it, certify it and report on it and shall return the statement with his certificate and report to the Board within sufficient time to enable compliance with subsection (3). S...

Section 21. Annual report and financial year Section 21(1) The Board shall, within nine months after the end of each financial year, prepare a report upon the operation of the Authority during that year and shall transmit such report to the Cabinet Secretary who shall cause the same to be presented to Parliament together with the statement of accounts and report of the Auditor-General (Corporations) referred to in section 20 . Section 21(2) The financial year of the Authority shall run from the 1st January to the 31st December in each year: Provided that the first financial year shall be from the commencement of this Act to the 31st December, 1978.

Section 22. Liability for loss of goods,etc. Section an act of God;

Section 23. Limitation of liability for loss,etc., of goods deposited in cloakroom Section 23(1) The liability of the Authority for any loss or misdelivery of, damage to, or delay in the delivery of any goods deposited in a cloakroom shall not in any case exceed two hundred shillings unless at the time of such deposit the person depositing the goods declared that the value thereof exceeded that amount and paid, or agreed to pay, such additional charge as may be determined in the Tariff Book in respect of such excess value; and thereupon the liability of the Authority shall not in any case exceed such declared value. Section 23(2) For the purpose of this section the expression "cloakroom" means any place provided by the Authority as a facility, for the temporary deposit of goods by persons using the services provided by the Authority.

Section 24. Authority may determine conditions for handling and warehousing of goods Section 24(1)(a) determine the conditions upon which goods shall be handled or warehoused by the Authority and different conditions may be determined in different cases, and such conditions shall be published in the Tariff Book and shall, subject as aforesaid, have effect from the date of such publication or from such later date as may be specified therein; Section 24(1)(b) determine the rates and charges for the handling or warehousing of goods and for any other service or facility; and such rates and charges shall be published in the Tariff Book and shall, subject as aforesaid, have effect from the date of such publication or from such later date as may be specified therein. Section 24(2)(i) such conditions, rates and charges shall, if they are of a continuing nature, be available to the public on request; Section 24(2)(ii) the determination of such conditions, rates and charges shall not of itself constitute an undue preference under section 8 (2)(e).

Section 25. Description,etc., of goods to be delivered Section 25(1) The consignor of, or the person tendering, any goods to the Authority for handling or warehousing, and, on request by an authorized employee, the consignee of, or person receiving, any goods which have been handled or warehoused by the Authority shall deliver to an authorized employee an account in writing signed by such consignor, person or consignee, as the case may be, containing such description of the goods as may be sufficient to enable such employee to determine the rates and charges payable in respect of the handling or warehousing thereof by the Authority. Section 25(2) Any authorized employee may, for the purpose of checking any account delivered under subsection (1), require such consignor, person or consignee, as the case may be, to permit him to examine such goods. Section 25(3) If such consignor, person or consignee fails to deliver the account referred to in subsection (1) or to permit such goods to be examined as required under subsection (2), an authorized employee may refuse to accept the goods for such handling or warehousing unless in respect thereof a rate or charge not exceeding the highest r...

Section 26. Goods may be sold to pay rates,etc. Section 26(1) Where any person fails to pay on demand made by an authorized employee any rate or charge due from him in respect of any goods, the Authority may detain the whole or any part of the goods or, if they have been removed from the possession of the Authority, any other goods of such person which may be in, or may thereafter come into, the possession of the Authority. Section 26(2)(a) perishable goods, such auction may take place at once; or Section 26(2)(b) any other goods, such auction may take place on the expiration of at least fifteen days’ notice published in one or more local newspapers, of the intended auction: Section 26(3) The Authority may, out of the proceeds of any sale effected under subsection (2), retain a sum equal to the rate or charge due and the expenses of the detention and sale; and shall deliver the balance, if any, of such proceeds together with such of the goods, if any, as remain unsold to the person appearing to the Managing Director to be entitled thereto: Provided that if such person fails, after notice so to do, to remove within a reasonable time the goods, if any, remaining unsold, the Authority...

Section 27. Unclaimed goods in possession of the Authority Section 27(1) Where any goods in the possession of the Authority are not claimed by the owner or any other person appearing to the Authority to be entitled thereto, the Authority shall, if such owner or person is known, take all reasonable steps to cause a notice to be served upon him requiring him to remove the goods. Section 27(2)(a) the owner of any goods in the possession of the Authority is not known and no person appears to be entitled thereto; or Section 27(2)(b) the notice referred to in subsection (1) cannot for any reason be served; or Section 27(2)(c) there has been a non-compliance with the provisions of any notice served under subsection (1), the Authority may, within a reasonable time not being less (except in the case of perishable goods) than three months, sell the goods and dispose of the proceeds of sale thereof:

Section 28. Indemnity where goods claimed by two persons,etc. Section any goods, or the proceeds of the sale of any goods, are in the possession of the Authority and such goods, or proceeds, are claimed by two or more persons; or

Section 29. Dangerous or offensive goods,etc. Section 29(1) No person shall tender to the Authority for handling or warehousing any dangerous or offensive goods or any goods which are likely to cause damage to any persons or property without giving notice of the nature of such goods to the employee to whom such goods are so tendered. Section 29(2)(a) refuse to accept such goods for handling or warehousing or accept them only under, and in accordance with, any special provisions dealing with the handling or warehousing of any such goods; Section 29(2)(b) require any such goods to be marked and packed in such manner as he may reasonably direct. Section 29(3) Where any authorized employee has reason to believe that any goods to which this section applies are being handled or warehoused, or have been accepted for handling or warehousing, in contravention of subsection (1) or (2), he may examine such goods and if, on examination, they are found to be goods to which this section applies, he may order their removal from any vehicle of or premises occupied by the Authority. Section 29(4) Nothing in this section shall derogate from the provisions of any law in force relating to the possessi...

Section 30. Authority to prepare Tariff Book,etc. Section 30(1)(a) a Tariff Book containing all matters which under this Act are required to be contained therein together with such other matters as, under this Act, may be determined by the Authority and such other matters as the Authority may think fit; Section 30(1)(b) such other books and other documents as under this Act are required to be kept. Section 30(2) There shall be available for public inspection at every port office a copy of the Tariff Book containing all amendments for the time being in force.

Section 31. Accidents to be reported Section is attended, or is of a kind usually attended, with loss of human life or with serious injury to any person or property;

Section 32. The Board may order inquiry,etc. Section 32(1) The Board may order such inquiry into any accident which occurs in any port as it may think fit. Section 32(2) The Board shall submit to the Cabinet Secretary a report of any accident of a kind referred to in section 31 setting out inter alia the probable cause of such accident and the steps, if any, which have been taken, or it has directed shall be taken, with a view to avoiding a repetition thereof. Section 32(3) The Managing Director shall make to the Board a return, in such form and at such intervals as the Board may direct, of all accidents occurring in any port whether or not any such accident is attended with injury to any person.

Section 33. Shipping casualties Section Sections 31 and 32 shall not apply where, in respect of any shipping casualty under any law relating to merchant shipping, a formal investigation is, under any such law, held.

Section 48. Major offences Section does any act which obstructs, or might obstruct, the working of any equipment or vehicle of the Authority used in the operation of a port and which endangers, or might endanger, the life of any person therein; or

Section 49. Minor offences Section is found during the hours of darkness on any premises occupied by the Authority;

Section 50. False returns Section Any person who makes, either knowingly or recklessly, any statement which is false in any material particular in any return, claim or other document which is required or authorized to be made for the purposes of the Authority under this Act shall be guilty of an offence and be liable to a fine not exceeding three thousand shillings or to imprisonment for a term not exceeding three months or to both such fine and imprisonment.