You drive onto the Likoni Ferry in Mombasa, switch off your engine and settle comfortably into your seat. Then a ferry attendant approaches and tells you to get out of your car. Why should you stand outside when you have a perfectly comfortable seat inside?
The instruction may seem unnecessary, especially for a crossing that takes only a few minutes. However, there are important reasons why passengers are required to leave their vehicles while travelling between Mombasa Island and the South Coast.
Some involve personal safety, while others raise interesting questions about insurance, legal responsibility and compensation.
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Here are five reasons you should never ignore that instruction.
1. Your Car Could Become an Underwater Trap
Imagine sitting inside your vehicle when it suddenly rolls off the ferry and plunges into the ocean.
Within seconds, water can begin entering the car. Opening the doors against water pressure may become extremely difficult, while electrical systems controlling windows could fail.
On September 29, 2019, Mariam Kighenda and her four-year-old daughter Amanda Mutheu died after their vehicle plunged into the sea at the Likoni crossing.
The tragedy demonstrated how dangerous it can be when passengers remain inside vehicles aboard a ferry.
Standing outside your vehicle does not eliminate every danger, but it reduces the risk of being trapped inside a sinking car.
2. Your Insurance Company Might Ask Why You Ignored Instructions
Here is a question many motorists probably never ask themselves.
If you are injured inside your car while travelling on the Likoni Ferry, which insurance company should compensate you?
Your motor vehicle insurer? The ferry operator’s insurer? Or both?
The answer is not always straightforward.
Motor vehicle insurance and maritime passenger liability insurance cover different risks, and compensation depends on the circumstances of the accident and the relevant policies.
If a passenger knowingly ignores an instruction to leave their vehicle, an insurer or ferry operator could argue that the passenger contributed to their injuries.
This is known as contributory negligence.
However, remaining inside a vehicle does not automatically invalidate an insurance claim or excuse negligence by the ferry operator.
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Following safety instructions could therefore protect both your life and your legal position if an accident occurs.
3. Your Parked Car Can Move Without Your Permission
A ferry is not an ordinary parking lot.
It is a moving vessel operating in a busy shipping channel, where sudden movements, mechanical problems or unexpected incidents can create dangerous conditions.
Vehicles that are not properly secured may roll or shift, potentially injuring passengers or obstructing emergency exits.
That is why ferry personnel direct motorists where to park and may require engines to be switched off and parking brakes applied.
Your car might remain perfectly still in a shopping mall parking lot. On a ferry, the situation is different.
4. A Vehicle Fire Could Turn Into a Serious Emergency
Imagine a fire breaking out from a vehicle’s engine compartment or electrical system while dozens of cars are packed closely together.
Passengers sitting inside their vehicles would first have to open their doors, squeeze between other vehicles and locate an escape route.
Those few seconds could be critical.
Vehicles carry combustible materials, fuel and electrical components that can make fires particularly dangerous.
Keeping passengers outside their vehicles makes it easier for ferry personnel to direct people away from danger and organise an emergency response.
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5. Rescuers Cannot Easily Help Passengers They Cannot See
Suppose a ferry develops a serious mechanical problem halfway across the Likoni Channel.
The crew must quickly establish where passengers are, issue instructions and prepare for a possible evacuation.
But what happens when passengers are hidden inside vehicles with tinted windows?
It becomes harder to account for everyone, identify people requiring assistance and ensure that nobody is left behind.
Passengers outside their vehicles are generally easier to locate and direct during an emergency.
In maritime transport, knowing where passengers are can be just as important as knowing how many are aboard.
So, Is It Illegal to Remain Inside Your Vehicle?
Passengers are expected to comply with lawful safety instructions issued by ferry personnel.
The requirement to leave vehicles is a ferry safety procedure, but whether refusing an instruction constitutes a particular criminal offence depends on the applicable law and circumstances.
A passenger who refuses to cooperate may be directed to comply with safety procedures before the crossing proceeds.
The important point is that these instructions are intended to protect everyone aboard, not simply inconvenience motorists.
The Bottom Line
The Likoni Ferry crossing may take only a few minutes, but that does not make it risk-free.
The dangers of becoming trapped in a sinking vehicle, unexpected vehicle movement, fire and delayed evacuation are serious enough to justify asking passengers to leave their cars.
Insurance and compensation questions add another reason to take safety instructions seriously, although claims must be assessed according to the law and the actual insurance policies involved.
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The next time a ferry attendant tells you to get out of your car, remember that your comfortable seat could become the worst place to be if something goes wrong.
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