Territorial Waters Act 1972 (Act No. 2 of 1972)

Short IItle. llreadthof Ihe territorial waten. 8tld1ft0i. mE TERRITORIAL WATERS ACI" 1972 No.2 or 1972 Dat« 0/ ASSt'nt: 16th May, 1972 Do', 01CommmctPMnt: 16 May, 1972 An Act of ParUament to make provlAlon for the delimitation 0: the territorial waten of Kenya, and for PUrpoHl Inddental thereto ENAcrED by the Parliament of Kenya, as follows:­ 1. This Act may be cited as the Territorial Waters Act. 1972. 2. (1) Except as provided in subsection (4) of this section the breadth of the territorial waters of the Republic of Xenya shall be twelve nautical miles. (2) The breadth of such territorial sea shall be measured In the manner set out In the Schedule to this Act calculated In acc:ordance with the provisions of the Convention on the Territorial Sea and the Contiguous Zone done at Geneva OD 29th April. 1958. (3) For the purposes of Article 7 of the afore.w.id Con­ vention Ungwana Bay (sometime known as Formosa Bay) shall be deemed to be and always to have been an historic bay. (4) On the coastline adjacent to neighbouring Staa the breadth of the territorial sea shall extend to a Median Line every point of which Is equidistant from the nearest points on the baselines from which the breadth of the territorial waters of each of the respective States Is measured. 3. If. in any proceedings before any court in Kenya. a question arises as to whether an act or omission takes place within or without the territorial waters of Kenya. a certificate to that effect signed by or on behalf of the Minister for the time being responsible for foreign affairs shall be received in evidence and bedeemed to be so signed without further proof. and any such certificate shall constitute prima facie proof of the facts certified therein. 1971 47 r"rril()rial Walrr.f No. 2 ... (\) Any reference occurring In any wruten law to the territorial waters shall be construed subject to the provisions of this Act. (2) Subsection (I) of section 3 of the Interpretation and General Provisions Act Is amended by the deletion of the detlnltion of "territorial waters" and the substitution therefor of the followlng-« "the territorial waters" means any part of the open sea within twelve nautical milea of the coast of Kenya measured In accordance with the provisions of the Territorial Waters Act. 1972. and Includes any Inland waters of Kenya;. SCHEDULE (I. 2) The area of the territorial waters of the Republic of Kenya extends on the coastline adjacent to the Hlah Sell to a line twelve International Nautical Miles seawardl from the Itralllht baaelines, low water lines or low tide elevations, hereinafter described II foUows: Commencing on the atralght line jolnlna Dlua DamalClaca Island and Klungamwina Island at the point at which this line is Intersected perpendicularly by the Median stralabt line drawn from Boundary Pillar 29 (beina the terminal pillar of the Kenya­ Somalia land boundary), thence continuln. south weslerly by a straJ.ht bile line to Klunpmwina Island; thence south terly by a Itraiaht baae line for about 7 km. to an unnamed Island; thence south westerly by a straight baae line for about 25 km. to Little Head; thence south westerly by a atral.ht baae line for about II km. to Boteler Island; thence south weaterly by a atralght bile line for about ., km. to RII Takwa; thence south westerly by a Itralaht baae line for about 18 km. to KJnylka Island; thence south westerly by a Itralaht bile line for about 9 km. to Tenewi Ya Juu hland: thence aouth weaterly by a Itralaht bile line for about 26 km. to Ziwalu hland; thence .outh westerly by a atralaht bale line actoll Uqwana Bay for about 56 km. to the northernmost point of Ru NlOmtnl: Modlftcltlon ofII". C&p.2. No.2of 1912. No.2 48 TtrrlfCH"lal Waftr 1972 SCHIIDuu-<COlltd.) thence contlnulnl aenerally alonl the low waler /Ine 10 Raa Wa~lnl (provided thaI Ihe followlnl ba)'l are Inlemal walel'l and the Inner boundary of Ihe lerrilor/al lea Ihall follow Ihe clOllnl lin.. ACron lhelr enlrancel SabaltJ River. Mlda Creek, Klllft Creek. Takaunau Creek, Mtwapa Creek, Mombau and KJllndlnl HarboUl'l. Mwacbema River. Mariah. (Gall) Bay, Punll B:lY); thence loutherly acrOll the Wulnl Channel 10 Ra. Klaln.. Mkonl; thence by the low waler line 10 Mpunlutl Va 0UDl I1land; thence loutherly by a Ilrallhl blUe /In. for aboul 3 km. 10 Mpunlutl Ya Juu hland; Ihence weaterly by a .lrailhl baH line for aboUI , km. 10 Kllile Island; thence wealcrly by a Itralpt baae line for about 18 km. to the terminal of the Kenya/Tanzania land boundary at Ru Jlmbo.