LAWS OF KENYA
CABINET SECRETARY TO THE TREASURY (INCORPORATION) ACT
THE KENYA PORTS AUTHORITY (VESTING) ORDER, 2023
LEGAL NOTICE 39 OF 2023
- Published in Kenya Gazette Vol. CXXV—No. 99 on 28 April 2023
- Commenced on 31 March 2023
1. Citation
This Order may be cited as the Kenya Ports Authority (Vesting) Order, 2023.2. Interpretation
In this Order, unless the context otherwise requires —"commencement date" means the 16th June, 2021;"entity" includes a natural person, company, association or other body of persons whether incorporated or unincorporated;"liability" means a liability, court case, debt, charge, duty or obligation arising from past or existing project contracts or consultancies of every description and whether present or future, actual or contingent, and whether payable or to be observed or performed in Kenya or elsewhere;"right" means any right or power, whether actual, contingent or prospective; and"commencement date" and "vesting date" means the 16th June, 2021.3. Transfer and vesting
The functions and rights vested in the Kenya Ferry Services Limited shall, from the date of the commencement of the Asset and Business Transfer Agreement between the Kenya Ports Authority and Kenya Ferry Services Limited dated the 16th June, 2021, be deemed to have been transferred and vested in the Kenya Ports Authority with effect from the commencement date.4. Presumption of transfer
The assets, liabilities, obligations, property, rights, securities and undertakings set out in the Schedule, and any other assets, liabilities, obligations, property, rights, securities and undertakings of the Kenya Ferry Services Limited that are found to have belonged to the Kenya Ferry Services Limited on the day before the vesting date shall be deemed to have been transferred to the Kenya Ports Authority.5. Legal and alternative dispute resolutions proceedings
All existing legal or alternative dispute resolution proceedings, or application to any authority by or against the Kenya Ferry Services Limited, shall not abate, be discontinued or in any way be prejudiced by reason only of the provisions of this Order, but the same may be prosecuted or continued by or against the Kenya Ports Authority, and any judgment or award obtained by or against the Kenya Ferry Services Limited before the commencement date shall thereafter be enforceable by or against the Kenya Ports Authority.6. Documents, goods and other properties
The custody of any documents, goods or other property held by the Kenya Ferry Services Limited as bailee for any other person shall be transferred to the Kenya Ports Authority from the vesting date, and the rights and obligations of the Kenya Ferry Services under any contract of bailment shall be transferred or deemed to be transferred to the Kenya Ports Authority.7. Contracts, agreements, conveyances, deeds, leases, licences, permits, exemptions, powers of attorney, undertakings, securities and other instruments
Any past or existing contracts, agreements, conveyances, deeds, leases, licences, permits, exemptions, powers of attorney, undertakings, securities and other instruments arising from or related to past or existing projects and consultancies entered into by, made with or granted or addressed to the Kenya Ferry Services Limited, whether alone or with any other person, and whether as principal or agent, shall, as from the commencement date, be binding and have full force and effect in every respect against or in favour of the Kenya Ports Authority as if the Kenya Ports Authority had been party thereto, bound thereby or entitled to the benefit therefor, and as if any reference, express or implied, to any member, officer or employee of the Kenya Ports Authority in respect of anything to be done on or after the commencement date were substituted a reference to the member, officer or employee of the Kenya Ports Authority who most nearly corresponds thereto.8. References to entity to mean references to Kenya Ports Authority
Any reference to an entity in any agreement or instrument entered into by the Kenya Ferry Services Limited in trust on behalf of or for the benefit of the Government of Kenya or the Cabinet Secretary, in relation to the assets specified in the Schedule, shall be deemed to be references to the Kenya Ports Authority.9. Staff
Any person employed by the Kenya Ferry Services Limited on or before the vesting date shall be deemed to be an employee of the Kenya Ports Authority.10. Savings and transition
Nothing in this Order shall terminate, discharge or prejudicially affect the assets, liabilities, obligations, property, rights, securities and undertakings of the Kenya Ferry Services Limited solely on account of the transfer or vesting under this Order.SCHEDULE
History of this document
28 April 2023 this version
31 March 2023
Commenced