Kenya

The Republic of Kenya is located in Eastern Africa bordering the Indian Ocean between Somalia and Tanzania and has a coastal line of 640 kilometers. The President is the Chief of State and Head of Government, and there is a unicameral National Assembly. The legal system is based on English common law, tribal law, and Islamic law. The capital is Nairobi, and English and Swahili are both official languages. Kenya is a member of the UN, the IMO, the OAU, and the Commonwealth of Nations. Kenya’s chief exports are tea and coffee, and its major trading partners are the EC countries. The currency is the Kenyan shilling.

In pursuit of its agenda in maritime transport and to further strengthen its maritime administration, the Government of Kenya established Kenya Maritime Authority (KMA) in 2004, for the purpose of transferring areas of responsibility over shipping concerns from the Merchant Shipping Department of Kenya Ports Authority to an independent Governmental Authority (parastatal). Thus KMA under the Incorporation Order is responsible for Port and Flag State implementation of various international instruments relating to maritime transport. The Authority aims to broaden and modernize the institutional and legal framework for the implementation of maritime safety, security and the preservation of the marine environment.

National maritime legislation remains one of the primary tools for attaining international standards in safety and security and the preservation of the marine environment. Only through such regulations can the Government enforce international maritime conventions, especially those emanating from the International Maritime Organization (IMO). Such rules and regulations are also relevant for the implementation of national maritime safety, security and marine environment conventions/programmes.

A relevant development to KMA’s mandate and activities is the Kenya Government’s decision on private sectors’ involvement in the operations of Mombasa Port. In this context there shall be a need to update and revise national commercial maritime legislation to complement the activities of KMA by taking on board recent developments in the international maritime field. Commercial legislation will also enhance the development especially of an international vibrant shipping industry and help the Government not only achieve its objectives under the current Poverty Reduction Strategy but also the United Nations Millennium Development Goals (MDG).

The statutes that guide the operations of Kenya Maritime Authority are the KMA Act 2006 and the Merchant Shipping Act, 2009 which came into effect on 1st September 2009. Establishment of KMA therefore marked a major milestone in Kenya's maritime industry.