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The Merchant Shipping (Kenyan Seafarers’ Identity Document) Regulations

Legal Notice 174 of 2022

This is the latest version of this Legal Notice.
The Merchant Shipping (Kenyan Seafarers’ Identity Document) Regulations
Citation
Legal Notice 174 of 2022
Primary work
Merchant Shipping Act
Date
31 December 2022
Language
English
Type
Legal Notice
Original enactment
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LAWS OF KENYA

MERCHANT SHIPPING ACT

THE MERCHANT SHIPPING (KENYAN SEAFARERS’ IDENTITY DOCUMENT) REGULATIONS

LEGAL NOTICE 174 OF 2022

  • Published in Kenya Gazette Vol. CXXIV—No. 206 on 7 October 2022
  • Commenced on 7 October 2022
  1. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

1. Citation

These Regulations may be cited as the Merchant Shipping (Kenyan Seafarers’ Identity Document) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—"Act" means the Merchant Shipping Act (Cap. 389);"certificate of proficiency" means a certificate, other than a certificate of competency, issued to a seafarer indicating the relevant requirements of training, competencies or seagoing service that have been met;"Convention" means the Seafarers’ Identity Documents Convention, No. 185 (Revised in 2003);"data" has the meaning assigned to it under section 2 of the Data Protection Act (Cap. 411C);"Foreign SID" means a valid seafarers’ identity document issued by a Member State in accordance with the Convention;"holder" in respect of a Kenyan Seafarer’s Identity Document, means the person to whom the Kenyan Seafarer’s Identity Document is granted in accordance with these Regulations;"immigration officer "has the meaning assigned to it under the Kenya Citizenship and Immigration Act (Cap. 170);"Kenyan seafarer" means a citizen of Kenya employed, engaged or working in any capacity on board a vessel, including any person working on board commercial fishing vessels, engaged in international voyage;"Kenyan SID" means a Kenyan Seafarer’s Identity Document issued under these Regulations;"Member State" means a State that is a signatory to the Convention;"personal data" has the meaning assigned to it under section 2 of the Data Protection Act (Cap. 411C); and"port officer" means an officer in a port empowered to enforce the legislation relating to public health, public safety, public order or national security, or any government officer assigned to perform any duty related thereto; and"STCW safety training certificate" means a Standards of Training, Certification and Watchkeeping basic safety training certificate.

3. Objects of the Regulations

The purpose of these Regulations is to—
(a)give effect to the provisions of the Seafarers’ Identity Documents Convention, No. 185 (Revised in 2003); and
(b)provide for the application, production, issuance and administration of Kenyan identity documents.

4. Scope of application

(1)These Regulations shall apply to—
(a)Kenyan seafarers;
(b)seafarers on board ships in Kenyan waters; and
(c)seafarers crossing Kenyan borders.
(2)Except as otherwise provided, these Regulations shall not apply to seafarers working on board a ship of war.
(3)These Regulations shall be read alongside and not in derogation of the Conventions and Rules annotating various provisions of the International Civil Aviation Organization Document 9303 and the Convention.
(4)The provisions of the Data Protection Act (Cap 411C) relating to the rights of data subjects and responsibilities of data controllers and processors shall apply to these Regulations.

5. Eligibility for a Kenyan SID

(1)A person is eligible to apply for a Kenyan Seafarers’ Identity Document if that person—
(a)is a person to whom these Regulations apply; and
(b)meets the requirements under regulation 6.
(2)A Kenyan seafarer holding a valid continuous discharge certificate and record book, valid STCW safety training certificate and a valid Kenyan passport may apply for a Kenyan SID.

6. Application for a Kenyan SID

(1)An application for a Kenyan SID shall be—
(a)made to the Authority in the form set out in the First Schedule;
(b)accompanied by—
(i)a national identity card of the applicant;
(ii)a valid Kenyan passport;
(iii)a continuous discharge certificate and record book;
(iv)a valid STCW safety training certificate; and
(v)proof of payment of the application fee specified in the Second Schedule.
(2)Upon receipt of an application under subregulation (1), the Authority shall consider the application and may, in writing, require such additional information, from the applicant, as may be necessary to determine the application.
(3)The Authority may, after considering an application under this regulation—
(a)issue a Kenyan SID to a successful applicant in the form set out under regulation 7; or
(b)in writing, reject the application where—
(i)the application does not meet the specified requirements;
(ii)the applicant gives false material information for the purpose of obtaining the Kenyan SID;
(iii)the applicant submits an incomplete application; or
(iv)the applicant does not respond to the request for additional information in accordance with subregulation (2), and within seven days from the date the decision, notify the applicant of the decision thereof.

7. Form of Kenyan SID

(1)The Kenyan SID shall conform to the model set out in the Convention and, in particular, shall include the following details—
(a)full name of the applicant;
(b)the gender of the applicant;
(c)the date and place of birth of the applicant;
(d)the nationality of the applicant;
(e)any special physical characteristics that may assist identification of the applicant;
(f)digital and original photograph of the applicant; and
(g)the signature of the applicant.
(2)Notwithstanding subregulation (1), the Director-General may specify—
(a)any other particulars that may be considered necessary;
(b)additional biometric data to be incorporated in the Kenyan SID in line with the Convention.

8. Validity of Kenyan SID

A Kenyan SID shall be valid for a period of five years from the date of issue.

9. Suspension, withdrawal and confiscation

(1)The Authority may suspend, withdraw or confiscate a Kenyan SID where the holder—
(a)knowingly permits another person to use his or her Kenyan SID;
(b)is convicted of the offence of drug trafficking, money laundering, trafficking in persons and smuggling, an act of terrorism or any other international crime;
(c)is involved in fraud or the forgery of documents or transnational crimes; or
(d)the holder’s continuous discharge certificate and record book or certificate of proficiency or certificate of competency is suspended or cancelled.
(2)Where a Kenyan SID is suspended, withdrawn or confiscated under these Regulations, the Authority—
(a)shall, in writing and within seven days from the date of the decision, notify the holder indicating the reasons for the suspension, withdrawal or confiscation;
(b)may require the holder to surrender the identification document in the case of withdrawal, suspension or confiscation; and
(c)shall notify the Director of Immigration Services of such suspension, withdrawal or confiscation.

10. Review

A person who is aggrieved by the decision of the Authority to suspend, refuse to issue, withdraw or confiscate their Kenyan SID may, within fourteen days of the receipt of written notice of such suspension, refusal to issue, withdrawal or confiscation, apply to the Authority for a review of their decision.

11. Renewal

(1)Where a Kenyan SID expires, the holder may apply for a renewal of the Kenyan SID.
(2)An application under subregulation (1) shall be—
(a)made in the form set out in the First Schedule;
(b)accompanied by the fees specified in the Second Schedule; and
(c)accompanied by the original copy of the expired document.
(3)Upon receipt of an application under this regulation, the Authority shall consider the application in the manner specified under regulation 6 and may issue a Kenyan SID to a successful applicant.

12. Replacement

(1)Where a Kenyan SID is defaced, destroyed, mutilated or lost, the holder shall apply for a replacement of the Kenyan SID.
(2)An application under subregulation (1) shall be—
(a)made in the form set out in the First Schedule;
(b)accompanied by the fees specified in the Second Schedule; and
(c)accompanied by—
(i)a sworn affidavit explaining the circumstances surrounding the loss, defacing, destruction or mutilation of the document; and
(ii)the defaced, destroyed or mutilated document.
(3)Where an application under this regulation is in respect of a lost or otherwise misplaced Kenyan SID—
(a)the holder shall report the loss, theft or misplacement to—
(i)the nearest police station, where the Kenyan SID is lost or stolen while the holder is on land;
(ii)to the nearest Kenyan Mission, if the holder is resident outside the country; and
(iii)the master of the ship on which the seafarer is serving, where the Kenyan SID is lost or stolen at sea;
(b)the application shall be accompanied by—
(i)a police abstract report; and
(ii)a signed handwritten letter explaining the circumstances surrounding the loss or misplacement of the document.
(4)Upon receipt of an application under this regulation, the Authority shall consider the application in the manner specified under regulation 6 and may issue a new Kenyan SID to a successful applicant.
(5)Upon replacement of a Kenyan SID under this regulation—
(a)the defaced, destroyed, mutilated or lost Kenyan SID shall be cancelled; and
(b)the Authority shall notify the Director of Immigration of the replacement.

13. Continuous possession

A holder of a Kenyan SID shall, at all times, keep the Kenyan SID in his or her possession, except when, with the seafarer’s written consent, the Kenyan SID is held for safekeeping by the master of the ship on which the seafarer is serving.

14. Record of Kenyan SIDs

(1)The Authority shall maintain an electronic database of each Kenyan Seafarers’ Identity Document issued, suspended or withdrawn under these Regulations.
(2)The Authority and all other respective institutions shall take all necessary measures to ensure that the database is free from interference or unauthorised access.
(3)The information contained in the record under this regulation shall be restricted to details which are essential for the purposes of verifying a Kenyan SID or the status of a seafarer and which are consistent with the seafarer’s right to privacy and the data protection requirements specified in the Data Protection Act (Cap. 411C).
(4)A person shall not exchange any data relating to photographs without the express written consent of the Authority which consent shall contain a mechanism to ensure that appropriate data protection and privacy standards are adhered to.
(5)The personal data on the electronic database shall not be used for any purpose other than verification of the Kenyan SID.

15. Focal Point

The Authority shall designate a focal point to address inquiries from the immigration authorities or other competent authorities of Member States to the International Labor Organisation relating to the authenticity and validity of a Kenyan SID.

16. Quality control and evaluation

(1)The Director-General shall, in line with the Convention, the Act and these Regulations, oversee the implementation of processes and procedures for the issuance of Kenyan SID including quality control procedures.
(2)The processes and procedures in subregulation (1) shall be subject to an independent evaluation every five years.
(3)The Director-General shall, subject to the removal of any confidential material, provide the reports of evaluations under this regulation to the Director-General of the International Labor Organisation and copied to the representative organizations of shipowners and seafarers in Kenya.

17. Recognition of Foreign SIDs

(1)A seafarer who holds a valid Foreign SID shall be recognised as a seafarer in Kenya unless there are reasonable grounds challenging the authenticity of that SID.
(2)Where the recognition under subregulation (1) is in respect of a seafarer under regulation 18 or 19, the verification and inquiries undertaken thereto shall be—
(a)at no cost to the seafarer or shipowner;
(b)carried out in the shortest possible time:
Provided that reasonable advance notice of the holder’s arrival into Kenya shall be given to the immigration officer.

18. Shore leave

(1)Where a seafarer seeking access to temporary shore leave presents a Foreign SID to an immigration officer, the immigration officer shall, in the shortest possible time, permit the seafarer entry into Kenya while the ship is in port unless—
(a)there are reasonable grounds to challenge the authenticity of the Foreign SID presented;
(b)the formalities on arrival of the ship have not been fulfilled; or
(c)the port officers have reason to refuse entry on grounds of public health, public safety, public order or national security.
(2)A seafarer holding a valid Foreign SID shall not be required to acquire a visa for the purpose of temporary shore leave.

19. Transit and transfer

(1)An immigration officer shall, in the shortest possible time, permit the entry of a seafarer holding a valid Foreign SID accompanied by a valid passport, when the entry is requested for the purpose of—
(a)joining a ship or transferring to another ship;
(b)passing in transit to join a ship in another country or for repatriation; or
(c)any other purpose approved by the relevant authorities of the Member State concerned.
(2)The entry under subregulation (1) shall not be allowed where—
(a)clear grounds exist for challenging the authenticity of the Foreign SID; or
(b)port officers have reason to refuse entry on grounds of public health, public safety, public order or national security.
(3)An immigration officer may, before permitting entry into Kenya for under subregulation (1), require satisfactory evidence, including documentary evidence, of a seafarer’s intention and ability to carry out that intention.
(4)The immigration officer may also limit the seafarer’s stay to a period considered reasonable for the purpose in question.

20. Offences and penalty

A person who—
(a)makes, whether within or outside Kenya, a false declaration or statement, with knowledge or reasonable cause to believe to be false or misleading, for the purpose of obtaining or assisting another person to obtain a Kenyan SID;
(b)forges, alters, destroys or wilfully defaces a Kenyan SID;
(c)knowingly uses or possess’ a forged or alter Kenyan SID;
(d)knowingly possess’ a Kenyan SID which he cannot reasonably account of its possession;
(e)knowingly gives, sells or parts with the possession of a Kenyan SID to be used by another person;
(f)without prior written approval of the Director-General, uses or in any manner publishes any name, description, title or symbol indicating, conveying or purporting to indicate or convey or leads other persons to infer that such action is carried on under or by virtue of the provisions of these Regulations;
(g)presents a forged, altered or false document for the purposes of obtaining a Kenyan SID;
(h)counterfeits a Kenyan SID;
(i)without any lawful cause, confiscates, forcefully takes or detains a Kenyan SID issued to another person;
(j)contravenes any requirement imposed under these Regulations relating to surrender of a Kenyan SID;
(k)prints, publishes or possess’ a document, card, booklet or paper, purporting, either by reason of the use of the word "Kenyan Seafarers’ Identity Document", "Kenyan SID" or by reason of the contents thereof, to be a Kenyan SID, or a Foreign SID; or
(l)uses a Kenyan SID issued to another person,
commits an offence and shall be liable, on conviction, to the penalty specified in section 412A of the Act.

FIRST SCHEDULE [r. 6(1), 11(2), r. 12(2)]

APPLICATION

REPUBLIC OF KENYA

APPLICATION FOR A KENYAN SEAFARERS’ IDENTITY DOCUMENT

(KENYAN SEAFARERS’ IDENTITY DOCUMENT)

Issued in accordance with section 200 of the Merchant Shipping Act, 2009APPLICATION TYPE:(where applicable)☐ First Application☐ Renewal☐ ReplacementWARNING TO APPLICANTS:A false declaration may lead to legal proceedings

PART I

Surname ............................................................Given Names ............................................................Place of Birth ................ Date of Birth ................. DD/MM/YYYYNationality ............................................................I.D Card Number ............................................................Passport Number ............................................................CDC Number ............................................................Colour of eyes ..................... Height ........................Special peculiarities (If any) ............................................................Next of Kin (Relative / Guardian):Name ............................................................Relationship ............................................................Place of Residence ........................... County ............................City ...........................Street Name ........................... House Number/Block ..............................Address: ............................................................Telephone Number ............................................................Email Address ............................................................Next of kin ID Number ............................................................Next of Kin (Relative / Guardian):—Name ............................................................Relationship ............................................................Place of Residence ......................................County ..................................City ....................... Street Name ......................... House Number/Block ...................................Address: ............................................................Telephone Number ............................................................Email Address ............................................................Next of kin ID Number ............................................................For replacement of expired / lost / stolen / defaced / destroyed / mutilated Kenyan Seafarers’ Identity Document:Defaced / Destroyed / Mutilated Kenyan Seafarers’ Identity Document
1.Submit sworn affidavit explaining the circumstances
2.Submit defaced / destroyed / mutilated Kenyan Seafarers’ Identity Document

Expired Kenyan Seafarers’ Identity Document

1.Submit expired Kenyan Seafarers’ Identity Document

Lost Kenyan Seafarers’ Identity Document

1.Submit Police abstract report
2.Submit sworn affidavit explaining the circumstances
3.Submit hand written letter explaining the circumstances

PART II:

DECLARATION

I apply for the issue of a Kenyan Seafarer’s Identity Document and certify that the particulars given are true. I declare that I am a Kenyan seafarer.Signature of applicant ............................................................Date ............................................................

Part III

For official useApplicant MUST NOT WRITE here.
1.DULY FILLED KMA SID APPLICATION FORM ATTACHED
2.SCANNED COPY OF NATIONAL AND PASSPORT ATTACHED.
3.SCANNED COPY OF CDC
4.JPEG PASSPORT PHOTOGRAPH (Dimensions 50mm by 40mm)
5.SCANNED COPY OF BANK SLIP:
6.PRESCRIBED FEE FOR NEW/REPLACEMENT/ RENEWAL/LOST SIDRENEWAL:
 NEW☐
 RENEWAL☐
 DEFACED☐
 DESTROYED☐
 MUTILATED☐
 LOST☐
Received by: Signature……………………………… Date……………………………………….Recommended for IssuanceYes ☐ No ☐Signature ……………………………… Date………………………..Approved for issuanceSignature ……………………………………………… Date …………………………………….Registrar of Seafarers

SECOND SCHEDULE [r. 6(1), 11(2), 12(2)]

FEES

 ITEMCHARGES(USD)
1.First application for Kenyan Seafarers' Identify Documents20
2.Renewal of a Kenyan Kenyan Seafarers' Identify Documents20
3.Replacement Kenyan Seafarers' Identify Documents25
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History of this document

31 December 2022 this version
07 October 2022
Commenced