Likoni Ferry crisis

Abstract

The Commission carried out an investigation into the 29th September, 2019 Likoni Channel tragedy in which a 35-year-old mother Mrs. Mariam Kighenda and her four-year-old daughter Amanda Mutheu were reported by various media outlets to have lost their lives after their car, Toyota Isis, Registration Number KCB 289C, slid back and plunged into the Ocean. According to the reports, they were aboard MV Harambee and were traveling to Mombasa Island from their farm in Msambweni, Kwale County. The investigation sought to find out the circumstances surrounding the tragedy, coordination of the search and retrieval of the car and its occupants, role of relevant institutions in the provision of quality, safe and secure ferry services and whether KFS was prepared to deal with such eventualities in future. CAJ investigators visited various offices including Kenya Ferry Services, Kenya Maritime Authority, Kenya Ports Authority and Mombasa County Commissioner’s Office to conduct interviews and recover documents relevant to the matter. It was confirmed that the car stayed afloat for only one minute and twelve seconds. The crew on-board MV Harambee made some effort to rescue the occupants of the car including throwing life buoys and rings. A rescue boat was also at the scene within 3 minutes by which time the car had already sunk. The prows (flaps at the front and rear part of a vessel that restrain vehicles and passengers from falling into water) were not functional hence could not prevent the car from sliding back and plunging into the ocean. Additionally, the safety chain had not been fixed on both the entrance and exit of the vessel which could have possibly restrained the car from falling into the ocean. It was also noted that other vessels namely MV Nyayo and MV Kilindini also had defective prows. These vessels are thirty-years old and had surpassed the recommended 20-year lifespan, and had been decommissioned in 2007. Kenya Maritime Authority had inspected the vessels and certified them as safe for navigation despite having the defective prows. The KFS coxswains operating the vessels do not meet the minimum requirements stipulated in the Merchant Shipping (Training and Certification) Regulations, 2016 (Legal Notice No. 41 of 2016). It was established that KMA, as a regulator, had not been inspecting the coxswains to ensure that they meet the minimum qualifications and that they were competent to safely steer the vessels. The level of KFS’s preparedness to deal with disasters of such nature was found to be wanting. The Agency does not have trained divers and adequate equipment to deal with such disasters. In light of the findings, the Commission has proposed a raft of recommendations including thorough inspections of the vessels with a view to decommissioning the old and defective vessels and rehabilitating the ones in fair condition to acceptable maritime safety standards. The CAJ also recommends the family of the late Mariam Kighenda to be compensated in line with relevant laws.