Lakes and Rivers Act, Cap 409
(Repealed by Merchant Shipping Act, No 4 of 2009)
LAWS OF KENYA
The Lakes and Rivers Act
Cap 409
Published by the National Council for Law Reporting
With the Authority of the Attorney-General
www.kenyalaw.org
Lakes and Rivers Act, Cap 409
CHAPTER 409
LAKES AND RIVERS ACT
ARRANGEMENT OF SECTIONS
PART I-PRELIMINARY
Section
1-Short title
2-Interpretation
3-First Schedule may be added to
4-Extent of lake or river may be defined
PART II-DREDGING
5-Dredging in lake or river to be licensed
6-Security may be required
7-Regulations to be endorsed on dredging licence
8-Contravening dredging regulations
9-Cancellation of licence
PART III-STEAM VESSELS
10-Steam vessels on lakes and rivers to be licensed.
PART IV-GENERAL
11-Rules
12-Fees
13-Application of Act
SCHEDULES
www.kenyalaw.org
Lakes and Rivers Act, Cap 409
THE LAKES AND RIVERS ACT
CHAPTER 409
Commencement: 24th December, 1930
An Act of Parliament to regulate dredging and the use of steam
vessels on certain lakes and rivers
Cap 234 (1948), 28 of 1961, L.N. 462/1963, 21 of 1966
PART I-PRELIMINARY
Short title.
1. This Act may be cited as the Lakes and Rivers Act.
Interpretation.
2. In this Act, except where the content otherwise requires –
“dredging” means the removal from the bed or banks of a river or lake by any
mechanical appliance (other than hand tools) of any mud, ooze, gravel, rock, stone,
soil, clay, mineral or precious stones, or any admixture of those materials;
“lake” means a lake specified in the First Schedule, or added thereto under section
3;
“river” means a river specified in the First Schedule, or added thereto under section
3;
“steam vessel” includes every description of vessel so constructed as to be propelled
otherwise than by sails, oars, paddles or poles.
First Schedule may be added to. L.N.462/1963.
3. The Minister may, by notice in the Gazette, add to the lakes or rivers
specified in the First Schedule, but no such addition shall take effect until the
expiration of two months after publication.
Extent of lake or river may be defined. L.N.462/1963.
4. The Minister may define the extent of any lake or river to which this Act
shall apply; and any part of a lake or river outside the portion so defined shall not be
deemed to be a lake or river for the purposes of this Act.
PART II-DREDGING
Dredging in lake or river to be licensed.
L.N.462/1963.
5. (1) No person shall dredge in a lake or river without a licence from the
Minister, which shall be in the form in the Second Schedule.
www.kenyalaw.org
Lakes and Rivers Act, Cap 409
(2) A person who dredges in a lake or river without a licence or contrary to the terms
of his licence shall be guilty of an offence and liable to a fine not exceeding one
thousand five hundred shillings for every day during which the offence continues.
Security may be required.
L.N.462/1963.
6. Before a licence to dredge is granted, security shall be given in such terms
and to such amount as the Minister may in each particular case direct.
Regulations to be endorsed on dredging licence.
7. On every licence to dredge the regulations set out in the Third Schedule
shall be endorsed; and the Minister may require further regulations to be endorsed in
any particular case.
Contravening dredging regulations.
8. (1) A person who acts in contravention of any regulation endorsed upon
the licence under which he dredges shall be guilty of an offence and liable to a fine
not exceeding three thousand shillings, and the holder of the licence shall be liable
for any damage which may have arisen in consequence of the contravention.
(2) In this section, non-compliance with a lawful order, direction or notice given
under the regulations endorsed upon a licence shall be deemed a contravention of
the regulations.
Cancellation of licence.
L.N.462/1963
9. (1) Where in any prosecution under this Act it is proved that the terms of
or the regulations endorsed on a dredging licence have been contravened, the court
may, subject to the approval of the Minister, cancel the licence in addition to
imposing any penalty prescribed in this Act.
(2) In this section, non-compliance with a lawful order, direction or notice given
under the regulations endorsed upon a licence shall be deemed a contravention of
the regulations.
PART III-STEAM VESSELS
Steam vessels on lakes and rivers to be licensed.
L.N.462/1963.
10. (1) The master of every steam vessel on a lake or river shall take out a
licence for the vessel.
(2) Licences shall be in the form in the Second Schedule. and shall be granted by
such officer as the Minister may appoint.
(3) Every licence shall commence on the day on which it is granted and shall
terminate on the 31st December following.
www.kenyalaw.org
Lakes and Rivers Act, Cap 409
(4) The master of a steam vessel who navigates the vessel, or permits it to be
navigated, on a lake or river without having a licence for the vessel under this
section shall be guilty of an offence and liable to a fine not exceeding two hundred
shillings.
(5) In this section, "master" includes the owner and the agent for the owner.
PART IV-GENERAL
Rules. L.N.462/1963.
11. The Minister may make rules (a) for regulating the use of steam vessels on a lake or river;
(b) for prohibiting the use on a lake or river of steam vessels or of any particular
description of steam vessel;
(c) for regulating the use of a lake or river for the transport of floating timber;
(d) for regulating the traffic on a lake or river;
(e) for protecting the bird or animal life on or in a lake or river;
(f) for protecting and improving the navigability of a river; and
(g) generally for the better carrying out of the purposes of this Act.
Fees.
L.N.462/1963.
12. For every licence taken out under this Act there shall be payable the fee
prescribed therefor in the Fourth Schedule.
Application of Act.
28 of 1961, Sch. E.A.
13. Notwithstanding the foregoing provisions this Act, this Act shall not apply
to a lake or river which falls within the definition of "inland waters" contained in
section 2 of the East African Inland Water Transport Act (Cap 32).
FIRST SCHEDULE
(s.2)
Lakes to which this Act applies
Lake Naivasha*
Rivers to which this Act applies
The Ozi
The Tana
SECOND SCHEDULE
www.kenyalaw.org
Lakes and Rivers Act, Cap 409
(ss 5, 10)
Licence to Dredge
(1) State lake or river.
(2) State limits within which licence applies
Licence to hereby granted to ………………. to dredge in the (1) …….. lake/river …….
within the following limits, that is to say: (2) ………………………….
This licence does not empower the licence to dredge for minerals or precious stones.
This licence is in force for one year from the date hereof.
Dated at ……………. this ……….. day of ……………., 19………
……………………………..
Minister
(1) Name of steam vessel.
(2) Launch or tug or yacht as the case may be
The (1) …………………………………. (2) ……………………. owned by …….. of …….. is hereby licensed for
the …………….. lake/river.
This licence expires on the 31st December, 19 …..
* According to section 13 this Act does not apply to a lake or river which falls within the
definition of “inland waters” in the East African Inland Water Transport Act, Lake Naivasha is
included, inter alia, in that definition.
THIRD SCHEDULE
Regulations to be endorsed on Dredging Licences
1. In these regulations, “inspector” means some officer appointed by the Minister to inspect
dredging.
2. (1) The licensee shall give due notice to the inspector stating when he wishes to commence
dredging and what part of the lake or river.
(2) No dredging or operations connected therewith shall be commenced until the consent of
the inspector is given in writing.
(3) The licensee shall give every facility to the inspector to examine plans and documents
relating to the dredging or operations connected therewith and to make copies of them and to
take such soundings and measurements as he may think fit.
3. The licensee shall not move his dredging operations from one part of the lake or river to
another without the consent of the inspector in writing; and he shall, as far as possible,
conduct operations continuously along and across the bed of the lake or river from the
starting-point to the limits to which his licence applies so as not to form isolated holes or deep
places.
4. The licensee shall arrange his dredges, barges, boats, posts, chains, anchors and all other
apparatus appertaining thereto so that they in no way obstruct or interfere with the navigation
of the lake or river.
www.kenyalaw.org
Lakes and Rivers Act, Cap 409
5. The dredgers shall be constructed and shall have such additional apparatus that the tailings
therefrom shall not be deposited in such a manner as to form groins or shoals in the bed of
the lake or river.
6. If in the opinion of the inspector the dredging or any operations connected therewith have
caused any groin, shoal, deposit or other obstruction to be formed, either at or near the site
of the operations or in any other part of the lake or river, which causes or tends to cause
erosion or other danger to the stability of the bed of the lake or river or to the navigation, the
groin, shoal, deposit or other obstruction shall be removed immediately upon the receipt of a
written notice from the inspector.
7. (1) If in the opinion of the inspector the dredging or any other operations connected
therewith have caused, or tend to cause, erosion or other damage or danger to the bed or
banks of the lake or river or to the navigation, the licensee shall construct and fix such
temporary timber groins, sheet piling, fascines or other works to the satisfaction of the
inspector as may be necessary to remedy or present the damage, and, if necessary, dredging
operations shall be suspended until those works are completed and proved satisfactory.
(2) Works shall be carried out, moved and removed immediately upon a receipt of a written
notice from the inspector.
8. If the river in which the dredging operations are being carried on is a tributary of another
river, and in the opinion of the inspector the carrying on of those operations has caused silt,
mud or other material to be washed down the tributary stream into the main river and has
there caused shoals or other obstructions to navigation to be formed, or damage, or danger to
the bed or banks of the river, the licensee shall he held responsible, and regulations 6 and 7
shall apply to the main river as if it were the river in which the licensee was carrying on
dredging operations,
9. The licensee shall be liable for and shall indemnify the Government and every officer
thereof against all accidents, injuries, damages, trespass and losses caused or arising either
directly or indirectly by reason of or in connexion with the dredging operations or works
pertaining thereto.
10. If any question, difference or dispute arises as to the true intent and meaning of these
regulations or any part thereof, it shall be referred to the sole arbitration and award of the
Minister, and his decision shall be final.
FOURTH SCHEDULE
(s. 12)
For a dredging licence ……………………………. Sh. 30
For a steam vessel licence ……………………….. Sh. 30
SUBSIDIARY LEGISLATION
Rules under section 11
THE LAKES AND RIVERS (REGULATION OF BOATS ON LAKE NAIVASHA) RULES
Cap 234 (1984), Sub. Leg, L.N. 462/1963
1. These Rules may be cited as the Lakes and Rivers (Regulation of Boats on Lake Naivasha)
Rules, and shall apply to Lake Naivasha.
2. In these Rules, except where the context otherwise requires –
“boat” includes every description of vessel used in navigation;
www.kenyalaw.org
Lakes and Rivers Act, Cap 409
“inspector” means an officer appointed by the Minister to inspect that purpose.
“the Lake” means Lake Naivasha and all waters adjacent thereto:
“master” includes the owner and the agent for the owner;
“sailing boat” includes every description of vessel propelled by sails.
3. No steam vessel shall ply on the Lake unless and until it has been previously inspected and
certified by an inspector as suitable for that purpose.
4. The inspector shall not certify as suitable a steam vessel which is –
(a) capable of being mechanically propelled at a speed in excess of fifteen miles per hour; and
the inspector shall be at liberty at any time to demand proof from the owner of a steam vessel
that the vessel is not capable of being mechanically propelled at a speed in excess of fifteen
miles per hour;
(b) not fitted with a permanent and efficient silencing apparatus, nor which has fitted thereto
a contrivance which can be used as a cut-out of the silencing apparatus.
5. The inspector may at any time order and require the master of a steam vessel to bring the
vessel to him for inspection.
6. No mechanical or structural alteration shall be made to a steam vessel in respect of which a
certificate has been granted by the inspector under rule 3, unless the alteration has been
approved by the inspector.
7. (1) Every steam vessel shall proceed at a moderate speed which shall not in any case
exceed fifteen miles per hour, and with careful regard to the existing circumstances and
conditions; and a steam vessel which causes by her speed damage to nets, birds’ nests, piers,
wharfs and other shore works, or consternation amongst birds or animals on or in the Lake,
shall be deemed to be proceeding at an immoderate speed.
(2) Every steam vessel fitted with a permanent and efficient silencing apparatus as required
by rule 4 shall, when plying on the Lake, be controlled in such a manner that the silencing
apparatus is at all times efficient and expels exhaust gases below the surface of the water.
8. When two steam vessels are meeting end on or nearly end on, so as to involve risk of
collision, each shall alter her course to starboard, so that each may pass on the port side of
the other.
9. When two steam vessels are crossing, so as to involve risk of collision, the vessel which has
the other on her own starboard side shall keep out of the way of the other.
10. When a steam vessel and a sailing boat are proceeding in such direction as to involve risk
of collision, the steam vessel shall keep out of the way of the sailing boat.
11. Where by any of the provisions of these Rules one of two boats is to keep out of the way,
the other must maintain her course and speed.
12. Every boat which is directed by these Rules to keep out of the way of another boat shall, if
the circumstances of the case admit, avoid crossing ahead of the other.
13. Every steam vessel which is directed by these Rules to keep out of the way of another
boat shall, on approaching her, if necessary, slacken her speed, or stop or reverse.
www.kenyalaw.org
Lakes and Rivers Act, Cap 409
14. When two sailing boats are approaching one another, so as to involve risk of collision, the
following rules shall apply –
(a) a boat which is running free shall keep out of the way of a boat which is close-hauled;
(b) a boat which is close-hauled on the port tack shall keep out of the way of a boat which is
close hauled on the starboard tack;
(c) when both are running free with the wind on different sides, the boat which has the wind
on the port side shall keep out of the way of the other;
(d) when both are running free or close-hauled with the wind on the same side, the boat
which is to windward shall keep out of the way of the boat which is to leeward;
(e) a boat which has the wind aft shall keep out of the way of the other boat.
15. Notwithstanding anything contained in these Rules, every boat overtaking any other shall
keep out of the way of the overtaken boat.
16. Boats under oars, paddles or poles, unless being overtaken, shall keep out of the way of
sailing boats.
17. Steam vessels unless being overtaken shall keep out of the way of boats under oars,
paddles or poles.
18. In narrow channels every steam vessel shall, when it is safe and practicable, keep to that
side of the fairway or mid-channel which lies on the starboard side of such vessel.
19. (1) All boats under way shall keep clear of boats at anchor and boats engaged in fishing
with nets, lines or trawls.
(2) All boats engaged in fishing shall display in some clearly visible and prominent position a
basket or shape or black flag.
20. Any steam vessel proceeding under sail only and without using her mechanical motive
power shall be deemed a sailing boat; if proceeding under mechanical motive power and sail
she shall be deemed a steam vessel and shall display at her masthead a red triangular flag.
21. Between sunset and sunrise all boats under way or at anchor more than fifty yards from
the shore of the Lake or of any island therein shall exhibit in all round white light which can be
visible for a distance of a quarter mile.
22. All boats in fog, mist or heavy rain must proceed at a moderate speed having careful
regard to the existing circumstances and conditions.
23. A boat not under control or in distress shall exhibit in some prominent position a shirt or
other piece of human apparel.
24. No person shall discharge a firearm from a steam vessel while the steam vessel is in
mechanically induced motion.
25. Notwithstanding anything to the contrary in these Rules, the Minister may exempt any
boat plying or intending to ply on the Lake for the performance of police or other public duties
from the provisions of rules, 3, 4, 5, 6 and 7.
26. Any person who prevents an inspector from inspecting a vessel or hinders or obstructs an
inspector while he is inspecting a steam vessel, or who contravenes or fails to comply with any
of the provisions of these Rules, shall be guilty of an offence and liable to a fine not exceeding
five hundred shillings, or to imprisonment for a period not exceeding two months, or to both.
www.kenyalaw.org
Lakes and Rivers Act, Cap 409
27. Nothing in these Rules shall exonerate any master, owner or person from the
consequences of neglect to keep a proper look out or of neglect of any precaution which may
be required by the ordinary practice of seamen or by the special circumstances of the case.
www.kenyalaw.org