M-Wakili

Ferries Act Cap 410 - as Plain Text by MWakili

LAWS OF KENYA FERRIES ACT CHAPTER 410 Revised Edition 2012 [1962] Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org [Rev.

2012] CAP.

410 Ferries CHAPTER 410 FERRIES ACT ARRANGEMENT OF SECTIONS Section 1.

Short Title.

2.

Interpretation.

3.

Power of Road Authority relating to ferries.

4.

Penalty for carrying on ferry service in prohibited area.

5.

Agreements and orders made before commencement of Act No.

2 of 1952.

6.

Rules.

3 [Issue 1] [Rev.

2012] CAP.

410 Ferries CHAPTER 410 FERRIES ACT [Date of assent:.] [Date of commencement: 1st October, 1936.] An Act relating to ferries [Act No.

50 of 1948, Act No.

64 of 1950, Act No.

2 of 1952, Act No.

15 of 1961, L.N.

562/1956, L.N.

173/1960, L.N.

2/1964.] 1.

Short title This Act may be cited as the Ferries Act.

2.

Interpretation In this Act, except where the context otherwise requires ferry boat means any floating vessel, propelled by any means whatsoever, used for the purpose of carrying passengers, animals, goods or vehicles between any two points from one side of a waterway to another; but does not include any such floating vessel which is not capable of carrying more than three passengers or 300 Ib.

of goods; [Act No.

15 of 1961, L.N.2/1964.] 3.

Power of Road Authority relating to ferries (1) Notwithstanding anything in any other Act or law contained, the Road Authority shall have power to do all or any of the following things, namely (a) subject to the approval of the Minister, to enter into an agreement with any person for the establishment, acquisition, construction, laying down, equipment, maintenance and carrying on of a service of ferry boats; (b) whenever any service of ferry boats is established, acquired, maintained or carried on by any person under an agreement entered into between such person and the Road Authority under the powers conferred upon the Road Authority by this section, by order made with the approval of the Minister, to prohibit any person, except with the consent of the Road Authority signified in writing, carrying on a ferry-boat service within such area or areas and for such period and within such hours as may be prescribed in such order: Provided that the right of any person to ply for hire with any ferry boat for the unexpired period of any licence granted under any law in force and issued to him prior to the date of the coming into force of an order of prohibition made under this subsection, and the right of any person to carry for hire or reward passengers departing to or arriving from any place outside the limits of any prohibited area, shall not be affected.

5 [Issue 1] CAP.

410 [Rev.

2012] Ferries (2) (a) Before making an order of prohibition under subsection (1) of this section, the Road Authority shall cause notice of the intention to do so to be published in the Gazette and in at least one newspaper circulating within the district.

(b) Such notice shall be given once in each week for four succeeding weeks, and any objections received shall be laid before the Minister.

(c) If and when the Minister, after considering the objections, if any, approves of the making of the order, such order shall be made under the hand of the Road Authority, shall be published in the Gazette and in at least one newspaper circulating within the district, and shall come into force on such date as may be specified in such order.

(3) The Road Authority may by order revoke an order of prohibition made under subsection (1) of this section, and may in like manner vary any such order by extending or reducing the period of the operation thereof or by extending or reducing the area to which the order of prohibition applies: Provided that the making of any such order of revocation or variation shall be subject to the procedure prescribed in subsection (2) of this section as if such order of revocation or variation were an order being made under subsection (1) of this subsection.

[Act No.

2 of 1952, s.

3.] 4.

Penalty for carrying on ferry service in prohibited area Save as is provided in paragraph (b) of subsection (1) of section 3 of this Act, any person who, without the written consent of the Road Authority, carries on within a prohibited area any service of ferry boats, or who plies for hire or reward any ferry boat within a prohibited area, shall be guilty of an offence and liable to a fine not exceeding two thousand shillings or to imprisonment for a period not exceeding six months, and in addition to a fine not exceeding two hundred shillings in respect of each and every day upon which he so offends.

5.

Agreements and orders made before commencement of Act No.

2 of 1952 (1) The benefit and burden of all agreements entered into with any person in pursuance of this Act prior to, and subsisting at the commencement of, the Ferries (Amendment) Ordinance, 1952, are vested in the Road Authority.

(2) Any order made in pursuance of this Act and in force at the commencement of the Ferries (Amendment) Ordinance, 1952, may be revoked or varied by the Road Authority.

[Act No.

2 of 1952, s.

4.] 6.

Rules The Minister may make rules for regulating ferry boats, for fixing the amount of the licence fees to be paid and the charges of fares which may be charged by distance or by time, for regulating and controlling the conduct of persons using ferryboats and the embarkation and disembarkation of persons, animals, goods and vehicles, and for regulating or prohibiting the use of the landing places, approaches and ramps maintained in connexion with any service or ferry boats.

[L.N.562/1956, L.N.173/1960.] [Issue 1] 6 [Rev.

2012] CAP.

410 Ferries [Subsidiary] CHAPTER 410 FERRIES ACT SUBSIDIARY LEGISLATION List of Subsidiary Legislation Page 1.

Likoni and Mtongwe Ferry Services.

92.

The Ferries Rules, 1951.

11 3.

(Vehicle Toll Charges) Rules, 2002.

13 7 [Issue 1] [Rev.

2012] CAP.

410 Ferries [Subsidiary] Order of Prohibition under section 3(1)(B) LIKONI AND MTONGWE FERRY SERVICES [Cap.

236 (1948), Sub.

Leg.] Whereas by virtue of section 3(1) of the Ferries Ordinance it is provided that whenever any service of ferry boats is established, acquired, maintained or carried on by any person under an agreement entered into between such person under an agreement entered into between such person and the Director of Public Works (hereinafter referred to as the Director) under the powers conferred upon the Director by the said section 3(1) of the Ferries Act the Director shall have power by order under his hand, carrying on a ferry boat service within the meaning of the said Ferries Act within such area or areas and for such period and within such hours as may be prescribed in such Order: And whereas a service of ferry boats has been established and acquired and will be maintained and carried on by the Kenya Bus Service (Mombasa) Ltd., under an agreement entered into between the said Kenya Bus Services (Mombasa) Ltd., and the Director under the powers conferred upon the Director by the said section 3(1) of the said Ferries Act, and whereas all the provisions of section 3 of the said Act have been complied with: Now, therefore, I, John Clark Stonach, Director of Public Works, do, by this Order, under my hand and with the approval of the Governor, prohibit any person, except with my consent signified in writing under my hand, carrying on a ferry boat service within the meaning of the said Ferries Ordinance within the areas delineated and described on the drawing marked P.W.D, Drawing No.

12334/1 such areas being the areas included in the boundaries of the areas marked respectively A Likoni Ferry and B Mtongwe Ferry on the said plan and part of the total area of each of such areas being hatched on the said plan, within all hours of every day, from the date of this Order, until further notice.

Copies of P.W.D Drawing No.

12334/1 can be inspected at the Head Office of the Public Works Department, Nairobi, or at the office of the Senior Assistant Engineer, Public Works Department, Mombasa: Provided that I do hereby and without prejudice to the giving of any further consent to any other person or persons at any time in my absolute discretion as provided for in section 3(1) of the said Ferries Act give my consent to the East African Estates Limited, exercising within the areas referred to in this Act all the rights conferred upon and acquired by them by virtue of clause 20 of a Grant made to that Company on the 21st day of February, 1925, by the then Acting Governor of Kenya such grant being registered in the Registry of Titles, Mombasa District, and being Title No.

C.R.

7850/1 being a Grant for the term of ninety-nine years of certain land in the districts of Kwale and Mombasa of the Coast Province of the Protectorate of Kenya, which said clause 30 reads as follows Nothing herein contained or implied shall confer any foreshore rights upon the Grantee, but it, the Grantee (upon having given to the Governor reasonable notice in writing to that intent) shall have permission and liberty to construct at its own expense a landing stage on the foreshore at Likoni to be of such structure as is necessary for ferry purposes only and the Grantee for the purpose of completing such ferry shall have permission and liberty to use at all reasonable hours the existing Government landing stage or jetty (or any substitute therefore) on the Mombasa Island side of the harbour upon the payment of such fees as may be demanded.

Provided that nothing herein contained or implied shall be construed as to grant any right or interest in the Government jetty aforementioned other than the bare permission and liberty aforesaid.

As witness my hand this 1st day of February, 1937.

J.

C.

STRONACH Director of Public Works 9 [Issue 1] [Rev.

2012] CAP.

410 Ferries [Subsidiary] Rules under section 6 FERRIES RULES, 1951 [Cap.

236 (1948), Sub Leg G.N.

914/1951, LN 92/1957, LN 561/1957.] 1.

These Rules may be cited as the Ferries Rules, 1951.

2.

In these Rules licensee means the person who enters into an agreement with the Road Authority in accordance with the provisions of the Act in respect of the service of ferry boats the subject of such agreement; other ferry authority means any person, not being a licensee, responsible for the operation of a service of ferry boats; toll collector means the person appointed by the licensee to collect charges, fares or tolls; 3.

The charges, fares or tolls chargeable by a licensee or other ferry authority under the terms of his agreement with the Road Authority may be demanded by the toll collector from every person using a ferry boat, and it shall be lawful for the licensee or other ferry authority to refuse to carry any person or the livestock, vehicle or goods of any person on such ferry boat unless such person pays the appropriate charge, fare or toll before entering or embarking on such ferry boats or before placing any such livestock, vehicle or goods thereon.

4.

Any person wishing to utilize any ferry boat who (a) refuses to pay the prescribed charges, fares or tolls; or (b) fraudulently or forcibly passes the toll collector without paying the prescribed charges, fares or tolls; or (c) willfully obstructs the toll collector or other person employed to work such ferry boat in the execution of their respective duties; or (d) enters or remains on a ferry boat after having been informed by the person employed to work such ferry boat that it contains the maximum permitted number of passengers or maximum load; or (e) refuses or neglects to obey within a reasonable time the request by the licensee or other ferry authority or by any person employed by such licensee or other ferry authority in connexion with any service of ferry boats (i) to stop a vehicle or dismount therefrom at any point indicated to him by any such person; or (ii) to drive a vehicle, or proceed on foot, along the approaches to, or on to, or off, any ferry boat in any manner indicated to him by any such person; or (iii) to move himself or his livestock, vehicle or goods from one place to another in a ferry boat for the purpose of better utilizing the accommodation on such ferry boat; or (f) drive a vehicle on to a ferry boat without first causing every passenger on such vehicle, other than a disabled person, to vacate the vehicle; or (g) drives on to a ferry boat any vehicle which is loaded in such a manner as is likely to be dangerous or to cause damage to any person or property; or 11 [Issue 1] CAP.

410 [Rev.

2012] Ferries [Subsidiary] (h) where the person employed to work a ferry grants priority to any vehicle, fails to give priority to that vehicle or hinders any priority granted to that vehicle, shall be guilty of an offence.

5.

There shall be exhibited by the licensee or other ferry authority, at such conspicuous places as may be appropriate, notices in English and Kiswahili (a) on each ferry boat, denoting the maximum number of passengers and the maximum load which the ferry boat is permitted to carry; and (b) on each approach whereby access is gained to a ferry boat, indicating the requirements of these Rules.

6.

Any person who (a) is in a state of intoxication or behaves in a violent or offensive manner to the annoyance of others on a ferry boat; or (b) does anything which may cause injury to persons employed or travelling on a ferry boat; or (c) commits any nuisance or act of indecency, or uses profane, obscene, indecent or abusive language on a ferry boat; or (d) without lawful authority, moves or operates any ferry boat, or set adrift or otherwise causes damage to any ferry boat, or causes any damage to landing places, approaches or ramps maintained in connexion with any services of ferry boats; or (e) disobeys while upon a ferry boat the reasonable directions of the licensee or other ferry authority or any person employed to work such ferry boat; or (f) obstructs or does anything which may obstruct the free use of any landing places, approaches or ramps maintained in connexion with any service of ferry boats; or (g) willfully removes, alters, destroys or damages any gate, toll bar, table of charges, pontoon, gear, boat, tackle, landing places, approaches, ramp or other thing maintained in connexion with any service of ferry boats; or (h) attempts or counsels the doing of, or assists or aids in doing, any of the acts mentioned in this rule, shall be guilty of an offence.

7.

It shall be lawful for the licensee or other ferry authority or any person employed by the licensee or other ferry authority in connexion with service of ferry boats to refuse to allow the driver of any vehicle to embark such vehicle on to a ferry boat until any direction given in accordance with these Rules has been complied with.

8.

Any person who commits an offence under these Rules or contravenes any of the provisions of these Rules shall be liable to a fine not exceeding two hundred shillings or to imprisonment for a term not exceeding two months, or to both such fine and such imprisonment.

[Issue 1] 12 [Rev.

2012] CAP.

410 Ferries [Subsidiary] (VEHICLE TOLL CHARGES) RULES, 2002 [L.N.

88/2002, L.N.

136/2009.] 1.

These Rules may be cited as the Ferries (Vehicle Toll Charges) Rules, 2002 2.

The vehicle tolls charges provided in the Schedule hereto shall be levied by Kenya Ferry Services Limited in respect of vehicles using the ferry crossing channel.

SCHEDULE [L.N.

136/2009.] Tariffs Adjustment: Vehicle length up to (metres) Applicable rates (KSh.) Category Car/Tuk tuk 3.5 60 Car 4.5 75 Car 6 90 Land-Rover - 150 Land-Rover/pick-up - 180 Tuk tuk/car towing 3.5-6.0 180 Kombi 5 165 Pick-up (half ton) 5 150 Pick-up (one ton) 5 165 Truck 5.5 210 Truck 6 225 Truck 7 330 Truck 7.5 360 Truck 8 390 Truck 8.5 435 Truck 9 480 Truck 9.5 495 Truck 10 525 Truck 11 615 Truck 11.5 645 Truck 12 660 Truck 12.5 735 Truck 13 765 Truck 13.5 795 Truck 14 855 Truck 15 870 Truck 15.5 885 Truck 16 930 Truck 16.5 960 Truck on tow 17 990 Trailer (empty) - 4,200 All mini buses/box boarded matatus 7 645 Petrol car - 1,280 13 [Issue 1] CAP.

410 [Rev.

2012] Ferries [Subsidiary] SCHEDULEcontinued Tariffs Adjustment: Vehicle length up to (metres) Applicable rates (KSh.) Category Kerosene (empty) - 1,400 Petrol tanker (empty) - 4,200 Motor cycle - 30 Mkokoteni - 30 Surcharge on a loaded lorry/trailer (up - 300 to 20 tons) Surcharge on a loaded mkokoteni - 20 Ten wheeled truck above 10 tons - 1,500 Truck on tow - 1,800 Pick-up/kombi on tow - 442.5 Surcharge on a loaded bus - 120 Surcharge on a loaded mini bus - 120 Surcharge on a loaded pick-up - 45 Surcharge on a loaded bicycle 10 22.5 Ferry Passes Car 3.5 33,600 Car 4.5 36,000 Car 4 43,200 Pick-up - 83,000 Motor cycle - 12,600 [Issue 1] 14.

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