Admiralty & Maritime Law in Kenya- Functions of the Kenya Maritime Authority – Series 1

Maritime Law in Kenya is governed by the Kenya Maritime Authority Act, Cap 370 Laws of Kenya. This law establishes the Kenya Maritime Authority (the “authority.”) which is responsible for monitoring, regulating, coordinating and overseeing maritime affairs.

The functions of the Authority are set out in Section 5 of the Act. The authority is tasked to: -

i. administer and enforce the provisions of the Merchant Shipping Act, Cap 389 and any other legislation relating to the maritime sector;

ii. co-ordinate the implementation of policies relating to maritime affairs and promote the integration of such policies into the national development plan;

iii. advise government on legislative and other measures necessary for the implementation of relevant international conventions, treaties and agreements to which Kenya is a party;

iv. liase with the National Electronic Window System established under Section 3 of the National Electronic Window System Act, Cap 485D to establish digital and electronic platforms and facilitate collaboration with other agencies to promote trade;

v. undertake and coordinate research, investigations and surveys in the maritime field;

vi. 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;

vii. develop, co-ordinate and manage a national oil spill contingency plan for both coastal and inland waters;

viii. maintain and administer a ship register;

ix. deal with matters pertaining to maritime search and rescue and co-ordinate the activities of the Kenya Ports Authority, the Kenya Navy and other bodies engaged during search and rescue operations;

x. enforce safety of shipping, including compliance with construction regulations, maintenance of safety standards and safety navigation rules;

xi. conduct regular inspection of ships to ensure maritime safety and prevention of marine pollution;

xii. oversee matters pertaining to the training, recruitment and welfare of seafarer and

xiii. implement and undertake co-ordination in maritime security.

G.M Orina & Co. Advocates provides a wide array of marine-based services for vessel owners, operators and suppliers including marine insurance, dispute resolution, financing construction, commercial agreements and marine employment law,

In our next article, we explore in depth the key components of maritime law and delve into jurisdiction and procedure in maritime cases.

For more information and/or assistance in matters relating to maritime law, contact us via info@gmorinaadvocates.org and/or +254786437754.