ISPS

It is unlikely the port of Mombasa will be able to meet the legal requirements of the ISPS Code by 1st July 2004. With only two months to go, no attempt has been made to amend the existing legislation. The Parliament has yet to even discuss the implications of the ISPS Code. Kenya is a party to the SOLAS and is obliged to make laws to give full effect to the Convention.

If the deadline is not met, Kenyan ports may be more susceptible to terrorist incidents.

We suggest owners include a clause in the charterparty transferring all liabilities and damages arising from a terrorist incident to the charterers in places and ports which have yet to comply with the ISPS Code.