Maritime Zones Act

35
THE MARITIME ZONES ACT, 1989
No. 6 of 1989
Date of Assent: 22nd August, 1989
Date of Commencement: 25th August, 1989
ARRANGEMENT OF SECTIONS
Section
PART I—PRELIMINARY
1—Short title.
2_Inierpretation.
PART JI—TERRITORIAL WATERS
3—Breadth of the territorial waters.
PART l---EXCLUSIVE ECONOMIC ZONE
4—Establishment and delimitation of Exclusive Economic Zone.
5—Exercise of sovereignty.
6—Rights of other states.
7—Jurisdiction.
8—Application of Fisheries Act.
PART IV—MISCELLANEOUS PROVISIONS
9—Regulations.
10—Evidence.
11--Modifications to give effect to international agreements.
12-Onus of proof.
13—Repeal and modification of Laws.
Flan Sampan—Area of Tentitorial Waters.
SECOND SorupuLE—Writtes Laws Amended.
An Act of Parliament to consolidate the law relating to the
territorial waters and the continental shelf of Kenya; to
provide for the establishment and delimitation of the
exclusive economic zone of Kenya; to provide for the
exploration and exploitation and conservation and
management of the resources of the maritime zones; and
for connected purposes

ya; to provide for the
exploration and exploitation and conservation and
management of the resources of the maritime zones; and
for connected purposes

36
No. 6 Maritime Zones Act 1989
ENACTED by the Parliament of Kenya as follows:—
PART I—PRELIMINARY
Short title. Inter-
pretation . No. 5 of 1989. Breadth of
territorial
waters. 1. This Act may be cited as the Maritime Zones Act,
1989. 2.

PRELIMINARY
Short title. Inter-
pretation . No. 5 of 1989. Breadth of
territorial
waters. 1. This Act may be cited as the Maritime Zones Act,
1989. 2.

In this Act, unless the context otherwise requires-- -
"exclusive economic zone" means the exclusive economic
zone of Kenya established and delimited by section 5;
"fish" means fish as defined in section 2 of the Fisheries
Act;
"fishing craft" means a fishing vessel as defined in section
2 of the Fisheries Act and includes an aircraft, hovercraft and
any submersible craft used in the catching of fish;
"installation" includes any moored vessel, communication
cable, oil pipeline, military surveillance installation and any
structure whether permanent or temporary within the maritime
zone, which is being or intended to be used for or in connection
with the exploration and exploitation and conservation and
management of the natural resources;
"maritime zones" means the exclusive economic zone
together with the territorial waters and the air space above
the exclusive economic zone;
"natural resources" means the living and non-living
resources of the seabed and subsoil thereof, and of the waters
superjacent to the seabed;
"nautical mile" means the international nautical mile. PART II--TERRITORIAL WATERS
3.

nd subsoil thereof, and of the waters
superjacent to the seabed;
"nautical mile" means the international nautical mile. PART II--TERRITORIAL WATERS
3.

(I) Except as provided in subsection (4), the breadth
of the territorial waters of Kenya shall be twelve nautical
miles. (2) The breadth of the territorial waters shall be measured
in the manner set out in the First Schedule calculated in
accordance with the provisions of the United Nations Con-
vention on the Law of the Sea done at Montego Bay on 10th
December, 1982.

dule calculated in
accordance with the provisions of the United Nations Con-
vention on the Law of the Sea done at Montego Bay on 10th
December, 1982.

37
1989 Maritime Zones Act No. 6
(3) For the purpose of Article 7 of that Convention,
Ungwana Bay (formerly known as Formosa Bay) shall be
deemed to 'be and always to have been-an historic bay; and
the Minister may, by notice published in the Gazette, declare
any other bays or waters to be historic bays or waters. (4) On the coastline adjacent to neighbouring states, the
breadth of the territorial waters shall extend to every point
of which is equidistant from the nearest points on the base-
lines from which the breadth of the territorial waters of each
of respective states is measured. PART III—EXCLUSIVE ECONOMIC ZONE
4. (1) There shall be an exclusive economic zone of
Kenya. (2) Subject to subsections (3) and (4), the exclusive
economic zone shall comprise those areas of the sea, seabed
and subsoil that are beyond and adjacent to the territorial
waters, having as their limits a line measured seaward from
the baselines, low waterlines or low tide elevations described
in the First Schedule, every point of which is 200 nautical
miles from the point on the baselines, low water marks or
low tide elevations.

s described
in the First Schedule, every point of which is 200 nautical
miles from the point on the baselines, low water marks or
low tide elevations.

(3) The southern boundary of the exclusive economic
zone with Tanzania shall be on an easterly latitude north of
Pemba Island obtained by the northern inter-section of two
arcs one from 'the Kenya lighthouse at Mpunguti Ya Juu
Island, and the other from Pemba Island lighthouse at Ras
Kigomasha. (4) The northern boundary of the exclusive economic
zone with Somalia shall be delimited by notice in the Gazette
by the Minister pursuant to an agreement between Kenya and
Somalia on the basis of international law. Establishment
and
delimitation
of Exclusive
Economic
Zone. 5. Kenya shall, within the exclusive economic zone,
exercise sovereign rights with respect to the exploration and
exploitation and conservation and management of the natural
resources of the zone and without prejudice to the generality
Exercise
of
sovereignty.

and
exploitation and conservation and management of the natural
resources of the zone and without prejudice to the generality
Exercise
of
sovereignty.

No. 6
Rights of
other states. Jurisdiction. Application
of Fisheries
Act. No. 5 of 1989. 38
Maritime Zones Act 1989
of the foregoing, the exercise of the sovereign rights shall be
in respect of
(a)exploration and exploitation of the zone for the pro-
duction of energy from tides, water currents and
winds;
(b) regulation, control and preservation of the marine
environment;
(c)establishment and use of artificial islands and off-
shore terminals, installations, structures and other
devices;
(d) authorization and control of scientific research. 6. Subject to any international convention and to any
other written law for the time being in force making provi-
sions with respect to transport and communications by sea or
air, all states shall enjoy navigation and over-flight, laying of
submarine cables and pipelines and other lawful uses recog-
nized by international law in the exclusive economic zone. 7.

n and over-flight, laying of
submarine cables and pipelines and other lawful uses recog-
nized by international law in the exclusive economic zone. 7.

(1) Any offence against any written law constituted
by, and any question or dispute of a civil nature concerning
or arising out of, any act or omission which occurs within the
exclusive economic zone in connection with the exploration
and exploitation, or conservation and management, of the sea-
bed and subsoil or natural resources shall be subject to the
jurisdiction of the courts of Kenya as if the offence, or the
question or dispute, occurred in Kenya, and may be determined
accordingly by any court of competent jurisdiction. (2) The jurisdiction conferred on any court by sub-
section (1) shall be in addition to, and not in derogation of, any
jurisdiction exercisable apart from this section by that or any
other court and any power afforded by any other written law. 8. ( I ) Subject to subsection (2), the provisions of the
Fisheries Act and rules and regulations made thereunder shall
apply to the exclusive economic zone.

) Subject to subsection (2), the provisions of the
Fisheries Act and rules and regulations made thereunder shall
apply to the exclusive economic zone.

(2) Notwithstanding any provision of the Fisheries Act,
a foreign fishing craft may be used for fishing within the
exclusive economic zone for the purpose of fisheries research
or of experimentation or sport, subject to the prior consent in
writing of the Minister to such activity and in accordance with
such conditions (if any) as the Minister may impose in giving
his consent. ti

nsent in
writing of the Minister to such activity and in accordance with
such conditions (if any) as the Minister may impose in giving
his consent. ti

39
1989 Maritime Zones Act
PART IV—MISCELLANEOUS PROVISIONS
9.

39
1989 Maritime Zones Act
PART IV—MISCELLANEOUS PROVISIONS
9.

(1) Where no other provision is for the time being
made by any other written law, the Minister may make regu-
lations to regulate the exploration and exploitation and con-
servation and management of the maritime zones that may be
necessary or expedient for carrying out the objects and
purposes of this Act, and without prejudice to the generality
of the foregoing, for all or any of the following purposes—
(a) regulating the conduct of scientific research;
(b) prescribing measures for the protection and pre-
servation of the marine environment;
(c) regulating the construction, maintenance, operation,
and use of, and establishment of safety areas around
artificial islands (whether permanent or temporary),
offshore terminals, installations and other structures;
(d) regulating the exploration and exploitation of the
maritime zones for the production of energy from
the tides, water currents and winds, and for any other
economic uses;
(e) providing for the passage of warships or other military
vessels through the exclusive economic zone and the
conduct of any military manoeuvres therein;
(f) providing for such other matters as are necessary to
give full effect to the sovereign rights of Kenya in the
exclusive economic zone;
(g) in consultation with the Minister for the time being
responsible for finance, providing for the levying of
customs and excise duties;
(h) prescribing the fees to be paid in respect of any matter
or thing prescribed by this Act or the regulations;
(i) prescribing all matters that are authorized by this Act
or the regulations to be prescribed.

r
or thing prescribed by this Act or the regulations;
(i) prescribing all matters that are authorized by this Act
or the regulations to be prescribed.

(2) All regulations may impose conditions, require acts
or things to be performed or done to the satisfaction of the
Minister, empower the Minister to issue orders either orally
or in writing requiring acts to be performed or done and may
prescribe periods or dates upon, within or before which such
acts or things shall be performed or done or such conditions
shall be fulfilled . No. 6
Regulations.

eriods or dates upon, within or before which such
acts or things shall be performed or done or such conditions
shall be fulfilled . No. 6
Regulations.

40
No. 6 Maritime Zones Act 1989
(3) The Minister may provide that a breach of any
regulation shall be punishable with a fine not exceeding two
hundred thousand shillings:
Provided that any warship or other military vessel which
contravenes regulations made pursuant to paragraph (e) of
subsection (1) shall be liable to be ordered, orally or in writing,
by or on behalf of the Minister to leave the zone. Evidence. Modifications
to give
effect to
international
agreements. Onus of
proof. Repeal and
modification
of the laws. Cap. 371. Cap. 312. 10. If in any proceedings, whether civil or criminal a
question arises as to whether an act or omission occurred
within or outside the maritime zones, a certificate to that
effect signed by the Minister shall be received in evidence and
be deemed to be signed without further proof, and such
certificate shall constitute proof of the facts certified therein. 11. The Minister may, from time to time, by notice in
the Gazette, limit any provision of this Act so far as it is
necessary to give effect to any convention on the Law of the
Sea or to any other international agreement or convention
affecting the maritime zones. 12.

cessary to give effect to any convention on the Law of the
Sea or to any other international agreement or convention
affecting the maritime zones. 12.

Without prejudice to the provisions of any other law
for the time being in force, in any criminal proceedings where
the defendant is charged with having contravened a provision
under which a licence, permit, or the consent of any person,
is required for the doing of any act in the maritime zones, the
onus shall be on the defendant to prove that at the time to
which the charge relates the requisite licence, permit or con-
sent was duly held. 13. (I) Any reference occurring in any written law to
the exclusive economic zone and the territorial waters shall
be construed subject to the provisions of this Act. (2) The Territorial Waters Act and the Continental Shelf
Act are repealed. (3) The written laws specified in the Second Schedule
to this Act are amended in the manner indicated therein. FIRST SCHEDULE (s. 3)
The area of the territorial waters of the Republic of Kenya
extends on the coastline adjacent to the High Seas to a point twelve

FIRST SCHEDULE (s. 3)
The area of the territorial waters of the Republic of Kenya
extends on the coastline adjacent to the High Seas to a point twelve

41
1989 Maritime Zones Act No. 6
FIRST SCHEDULE—(COntd.)
international nautical miles seawards from the straight baselines, low
water lines or low tide elevations, hereinafter described as follows :
Commencing on the straight line joining Diva Damasciaca Island
and Kiungamwina Island at the point at which this line is intersected
perpendicularly by the Median straight line drawn from Boundary
Pillar 29 (being the terminal pillar of the Kenya-Somalia boundary);
thence continuing south westerly by a straight base line to
Kiungamwina Island;
thence south westerly by a straight base line for about 25 km. to Little Head;
thence south westerly by a straight base line for about 11 km. to Boteler Island;
thence westerly by a straight base line for about 45 km. to Ras
Takwa;
thence south westerly by a straight base line for about 18 km. to Kinyika Island;
thence south westerly by a straight base line for about 9 km. to
Tenewi Ya Juu Island;
thence south westerly by a straight base line for about 26 km. to Ziwaiu Island;
thence south westerly by a straight base line across Ungwana Bay
for about 56 km.

westerly by a straight base line for about 26 km. to Ziwaiu Island;
thence south westerly by a straight base line across Ungwana Bay
for about 56 km.

to the northernmost point of Ras Ngomeni;
thence continuing generally along the low water line to Ras
Wasini;
thence southerly across the Wasini Channel to Ras Kisinga Mkoni;
thence by the low water line to Mpunguti Ya Chini Island;
thence westerly by a straight base line for about 18 km. to the
terminal of the Kenya/Tanzania land boundary at Ras Jimbo. SECOND SCHEDULE (s. 14(3))
WRITTEN LAWS AMENDED
Written Law Provisions Amendment
The Interpretation and s. 3 Delete the definition of "continental
General Provisions Act shelf". (Cap. 2). Insert the following definitions in appro-
priate alphabetical order—
"exclusive economic zone" means the
exclusive economic zone established and
delimited by the Maritime Zones Act;

in appro-
priate alphabetical order—
"exclusive economic zone" means the
exclusive economic zone established and
delimited by the Maritime Zones Act;

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No. 6 Maritime Zones Act 1989
SECOND SCHEDULE— (Contd.)
Written Law Provisions Amendment
The Mining Act (Cap. 306). s. 2(1)
s. l4(a)
"the territorial waters" means any part
of the open sea within twelve nautical
miles of the coast of Kenya measured
in accordance with the provisions of the
Maritime Zones Act, and includes any
inland waters of Kenya. Insert after the definition of "engineer"
the following definition—
"land" includes the seabed and sub-
soil of the exclusive economic zone. Add the following—
(vi) build installations and other devices
for protecting and, where the pro-
specting is done within the exclusive
economic zone, create safety areas
around such installations or devices. s. 26(l) After the word "stock" insert— 4
"submarine cables, pipelines" and after
the phrase "is caused" delete the comma
and add the following—
"or endangers the living natural
resources of the exclusive economic
zone". s. 47(b) Add the following-
(viii) in the exclusive economic zone
to construct such artificial islands,
installations and
The Criminal Procedure
Code (Cap. 75). Insert immediately after the word "vehicle"
and immediately before the word
"which" the words "or vessel".

and
The Criminal Procedure
Code (Cap. 75). Insert immediately after the word "vehicle"
and immediately before the word
"which" the words "or vessel".

Substitute the expression "maritime zone"
for the expressions "100 miles" in
paragraphs (a) and (b). s. 1430) Delete the expression "Territorial waters"
and substitute the expression the "ex-
clusive economic zone and the territorial
waters". The Tourist Industry s. 8(1)(a)
Licensing Act (Cap. 381). The Merchant Shipping Act s. 309(1)
(Cap. 381).