Maritime Law & Policy
The Maritime Law and Policy Technical Committee (MLP-TC) brings together AMP(K) members possessing competence and or interest in maritime law and policy. MLP-TC engages its members in keeping abreast of International and national regulations that modulate the maritime industry. Further, members keep well informed about policy instruments which guide national, regional and global maritime industry affairs. MLP-TC aims to channel the aforesaid collective competence and professional interest of its members to support the law and policy aspect crucial to the attainment of Kenya’s blue economy ambition. This is achieved through engaging both public and private sector maritime stakeholders in the development, interpretation and implementation of pertinent maritime law and policy in instruments.
The Maritime industry is a truly international field and hence its unique system of regulations, policies and governance. This is evidenced in the shipping sector where ship nationality (registration), ownership, operation, finance, labour, demand and supply can be distributed to separate jurisdictions around the world. Further, the nature of ocean resources such as fisheries and oil/gas fields (straddling deposits) are trans-boundary. Ultimately, the global marine environment is border-less. Effects of marine pollution and unsustainable uses of the sea have regional and global repercussions. Hence the maritime industry requires quite unique and specialised competence in its system of regulation, policy formulation and practical governance.
Merchant navy officers’ (Mariners) career entails training and operating in aforesaid highly regulated industry. As such, through their academic training and career progression from junior officers to Chief Marine Engineers and Master Mariners (Captains), they accrue knowledge of international and national maritime legislation and attain practical experience in implementing these regulatory requirements. These regulations include the United Nation Convention on Law of the Sea (UNCLOS), International Maritime Organisation (IMO) legislations on Safety, Security, Environment and Training (SOLAS, ISM, ISPS, MARPOL, STCW etc), and International Labour Organisation legal instruments (MLC 2006). Further, Mariners are well versed with maritime commercial regulations (Hague-Visby Rules etc) which they are required to understand and implement. Thus, the MLP-TC taps on the professional competence of Mariners and associated professionals such as consultants and specialists in maritime transport, fisheries, offshore industry, manufacturing, maritime Education and Training, law and policy, to inform and advance the law and policy aspect of the Kenyan maritime industry in line with Kenya’s blue economy ambition.