Related documents
- Is amended by 24th Annual Supplement
- Is amended by National Electronic Single Window System Act
- Is amended by Statute Law (Miscellaneous Amendments) Act, 2018

LAWS OF KENYA
KENYA PORTS AUTHORITY ACT
CAP. 391
- Published in Kenya Gazette Vol. LXXX—No. 3 on 20 January 1978
- Assented to on 11 January 1978
- Commenced on 20 January 1978
- [Amended by Exchequer and Audit (Amendment) Act, 1985 (Act No. 12 of 1985) on 13 September 1985]
- [Amended by Kenya Ports Authority (Amendment) Act, 1986 (Act No. 9 of 1986) on 29 August 1986]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 1993 (Act No. 11 of 1993) on 31 December 1993]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2014 (Act No. 18 of 2014) on 8 December 2014]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2018 (Act No. 18 of 2018) on 18 January 2019]
- [Amended by National Electronic Single Window System Act (Cap. 485D) on 11 July 2022]
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
Part I – PRELIMINARY AND INTERPRETATION
1. Short title
This Act may be cited as the Kenya Ports Authority Act.2. Interpretation and application
Part II – ESTABLISHMENT OF THE AUTHORITY
3. Establishment and incorporation of the Kenya Ports Authority
Part III – MANAGEMENT OF THE AUTHORITY
4. Board of Directors
There shall be a board of directors of the Authority, in this Act referred to as the Board, which shall consist of—5. Managing Director
6. Remuneration of Directors of the Board
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.7. Further provision as to the Board
The First Schedule shall have effect with respect to the constitution or organization of the Board and otherwise in relation thereto.Part IV – FUNCTIONS AND POWERS OF THE AUTHORITY, ETC.
8. General duty of the Board
9. Powers of Managing Director
Subject to the directions of the Board, the Managing Director may—10. Powers of the Board
In the exercise of its duty under section 8, and subject to any directions of a general nature which may be given to it by the Cabinet Secretary, the Board may—11. Powers of the Cabinet Secretary
The Cabinet Secretary may—12. Powers of the Authority as a statutory body
13. Acquisition of land for the purposes of the Authority
14. Power to enter and survey land
15. Power to enter land to prevent accidents, etc.
16. Power to enter land to alter position of pipes, etc.
17. Power to take water
The Authority may, for its purposes, take any water from any natural watercourse subject—Part V – FINANCIAL PROVISIONS
18. Principles of operation
19. Borrowing powers
Part VI – ACCOUNTS AND REPORTS
20. Annual accounts
21. Annual report and financial year
Part VII – RESPONSIBILITY AS A WAREHOUSEMAN
22. Liability for loss of goods, etc.
Subject to this Act or any contract, the Authority shall not be liable for the loss, misdelivery or detention of, or damage to, goods delivered to, or in the custody of the Authority except where such loss, misdelivery, detention or damage is caused by the want of reasonable foresight and care on the part of the Authority or any employee:Provided that:23. Limitation of liability for loss, etc., of goods deposited in cloakroom
Part VIII – OPERATION OF THE AUTHORITY
Goods
24. Authority may determine conditions for handling and warehousing of goods
25. Description, etc., of goods to be delivered
26. Goods may be sold to pay rates, etc.
27. Unclaimed goods in possession of the Authority
28. Indemnity where goods claimed by two persons, etc.
Where—29. Dangerous or offensive goods, etc.
General
30. Authority to prepare Tariff Book, etc.
Accidents
31. Accidents to be reported
Where any accident occurs in any port, then if that accident—32. The Board may order inquiry, etc.
33. Shipping casualties
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.Part IX – CONTROL OF PORTS
34. Port limits
The Cabinet Secretary may, by order, define the limits of any port.35. Power to amend the Second Schedule
The Cabinet Secretary may, by order, amend the provisions of the Second Schedule.36. Compulsory pilotage ports
37. Passengers, etc., to be embarked, etc., only at a port
No ship shall, without lawful excuse, embark or disembark any passenger or goods at any place other than a port:Provided that—38. Master to supply information, etc.
The master of any ship arriving in a port shall, if required, produce to an authorized employee—39. Port rates may be levied
40. Power to arrest ship for port charges
41. Refusal of outward clearance
The proper officer of customs of any port may refuse to give the master of any ship in such port outward clearance until—42. Powers of authorized employee in relation to a port
43. Powers of health officers in a port
44. Authority may retain goods until freight, etc., paid
45. Liability for demurrage
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.46. Master responsible for contravention of Act, etc., in respect of ship
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.47. Act to be available to master
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.Part X – PROVISIONS RELATING TO OFFENCES
48. Major offences
Any person who unlawfully—49. Minor offences
Any person who—50. False returns
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.51. Unlawfully transporting dangerous goods
52. Offences by master of vessel
Any master of a ship who contravenes, or permits to be contravened, any of the provisions of section 37, 38 or 43(1) or produces any document or gives any information which is false in any material particular 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.53. Navigating without pilot in compulsory pilotage port
If any ship is navigated in circumstances in which pilotage is compulsory and such ship is not under the pilotage of a pilot, the master thereof shall be guilty of an offence and be liable to a fine not exceeding three thousand shillings.54. Employee endangering safety
Any employee who, while on duty, endangers the safety of any person—55. Employee demanding improper amount
Any employee who, with intent to defraud, demands, solicits or receives from any person delivering goods to the Authority for handling or warehousing or from any person making use of the facilities provided by the Authority, any greater or lesser amount than he should demand or receive, or any other thing of value, shall be guilty of an offence and be liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding twelve months or to both such fine and imprisonment.56. Arrest of employee
57. Power of arrest, removal and place of trial
Part XI – MISCELLANEOUS
Staff
58. Appointment of staff
59. Property of the Authority in custody of employee, etc.
60. Regulations relating to staff
Subject to this Act, the Cabinet Secretary may make regulations generally relating to the conditions of service of employees and without prejudice to the generality of the foregoing, may make regulations relating to—(a)the grant of pensions, gratuities and other retiring allowances to employees and their dependants and the grant of gratuities to the estate or dependants of deceased employees;(b)the establishment and maintenance of sick funds, superannuation and provident funds and the contributions payable thereto and the benefits receivable therefrom;(c)the liability or otherwise to assignment, attachment, sequestration or other levy of sums payable to an employee or other persons under regulations made under this section.Legal Provisions
61. Delegation and signification
62. Compensation
63. Liability for damage caused by fire
64. Burden of proof
In any proceedings against the Authority for compensation under the provisions of section 22, it shall not be necessary for the person claiming compensation to prove how such loss, misdelivery, detention, damage, delay or deviation was caused.65. Notice of claim
66. Limitation
Where any action or other legal proceeding is commenced against the Authority for any act done in pursuance or execution, or intended execution, of this Act or of any public duty or authority, or in respect of any alleged neglect or default in the execution of this Act or of any such duty or authority, the following provisions shall have effect—67. Restriction on execution against property of Authority
Notwithstanding anything to the contrary in any law—68. Overcharge and undercharge
69. Medical examination of persons claiming compensation
Whenever any person claims compensation against the Authority in respect of any injury alleged to be suffered by him as a result of the operations of the Authority, any court or person having by law, or consent of the parties, authority to determine the claim may order that the person injured be examined by a medical practitioner named in the order and may also make such order with respect to the costs of the examination as may be thought fit.70. Service of notice, etc., on the Managing Director
Any notice or other document required or authorized under this Act to be served on the Authority, or the Managing Director, may be served—71. Service of notice, etc., by the Managing Director
Any notice or other document required or authorized under this Act to be served on any person by the Authority or the Managing Director or any employee may be served—(a)by delivering it to that person; or(b)by leaving it at the usual or last known place of abode of that person; or(c)by sending it by post addressed to that person at his usual or last known address.Regulations
72. Regulations
72A. [Spent]
Part XII – APPLICATION OF LAWS OF THE COMMUNITY, TRANSITIONAL, SAVING, ETC.
73. [Spent]
74. [Spent]
75. [Spent]
History of this document
31 December 2022 this version
Revised by
24th Annual Supplement
11 July 2022
18 January 2019
08 December 2014
31 December 1993
29 August 1986
Amended by
Kenya Ports Authority (Amendment) Act, 1986
13 September 1985
Amended by
Exchequer and Audit (Amendment) Act, 1985
20 January 1978
Commenced
11 January 1978
Assented to
Cited documents 3
Act 3
1. | Land Control Act | 543 citations |
2. | Nairobi Centre for International Arbitration Act | 19 citations |
3. | Public Archives and Documentation Service Act | 14 citations |
Documents citing this one 188
Judgment 182
Legal Notice 5
Act 1
1. | National Electronic Single Window System Act | 8 citations |
Subsidiary legislation
Title
|
Date
|
|
---|---|---|
The Kenya Ports Authority Retirement Benefits Scheme Regulations | Legal Notice 73 of 2012 | 31 December 2022 |
Declaration | Legal Notice 160 of 2001 | 31 December 2022 |
The Kenya Ports Authority (Approved Special Retirement Scheme) (Pensions) (Cessation of Application) Regulations | Legal Notice 47 of 2000 | 31 December 2022 |
The Kenya Ports Authority (Pensions) (Cessation of Application) Regulations | Legal Notice 82 of 1999 | 31 December 2022 |
The Kenya Ports Authority (Amalgamation) Order | Legal Notice 8 of 1987 | 31 December 2022 |
The Kenya Ports Authority (Pensions) (Increase) Regulations | Legal Notice 78 of 1983 | 31 December 2022 |