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DECLARATIONS

LODGED BY THE REPUBLIC OF KENYA UNDER THE CAPE TOWN CONVENTION
At the time of the deposit of its instrument of ratification
AND SUBSEQUENT DECLARATION

 

 

I. Form No. 1 (Specific declaration under Article 39(1)(a)) *

 

Kenya declares that the following categories of non-consensual right or interest;

 

(a) Payments due to workers arising out of employment relations;

 

(b) Liens created by repairmen on objects in their possession;

 

(c) Liens created by bailees on objects in their possession; and

 

(d) Taxes, duties and or levies due to the Government,

 

have priority under its law over an interest in an object equivalent to that of the holder of a registered international interest and shall to the extent provided by its law, have priority over a registered international interest, whether in or outside insolvency proceedings.

 

* [This declaration was notified to UNIDROIT by the Government of the Republic of Kenya, as a subsequent declaration pursuant to Article 57(1) of the Convention, on 30 May 2007, and in accordance with Article 57(2) of the Convention it took effect on 1 December 2007.

A previous declaration (see below) by the Government of the Republic of Kenya under Article 39(1)(a) was withdrawn by the Government of the Republic of Kenya pursuant to Article 58(1) of the Convention. The withdrawal took effect from 1 December 2007.

I. Form No. 1 (Specific declaration under Article 39(1)(a))

Kenya declares that the following categories of non-consensual right or interest:

(a) Liens of workers for payments due arising out of employment relations;

(b) Liens created by repairmen on goods in their possession;

(c) Liens created by bailees on goods in their possession; and

(d) Taxes, duties and or levies due to the Government;

have priority under its law over an interest in an object equivalent to that of the holder of a registered international interest and shall have priority over a registered international interest, whether in or outside insolvency proceedings.]

 

 

II. Form No. 4 (General declaration under Article 39(1)(b))

 

Kenya declares that nothing in the convention shall affect its right or that of any entity of the state, any intergovernmental organisation or other private provider of public services to arrest or detain an object under its laws for payment of amounts owed to Kenya, any such entity, organisation or provider directly relating to the services provided by it in respect of that object or another object.

 

 

III. Form No. 6 (Declaration under Article 40)

 

Kenya declares that the following category of non-consensual right or interest; rights of judgment creditors;

 

shall be registerable under the convention as regards any category of object as if the right or interest were an international interest and shall be regulated accordingly.

 

 

IV. Form No. 11 (Declaration under Article 53)

 

Kenya declares that, The High Court of Kenya and the Court of Appeal of Kenya are the relevant court(s) for the purposes of Article (1) and chapter XII of the convention.

 

 

V. Form No. 13 (Mandatory declaration under Article 54(2))

 

Kenya declares that any remedies available to the creditor under the convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without leave of the court.

 

  

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Declarations lodged by the Republic of Kenya under the Aircraft Protocol

 

 

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