The Government has come out to explain why the ferry involved in Likoni channel accident last month is still operational.

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On September 29, a car with two passengers on board MV Harambee slipped off and plunged into the Indian Ocean in a tragedy that shocked the whole country.

The passengers were Miriam Kighenda and her 4-year-old daughter, Amanda Mutheu.

Despite Kenyans raising concerns on the seaworthiness of the MV Harambee, the ferry has been operating at the Likoni channel alongside four others.

Transport Principal Secretary Esther Koimett says MV Harambee and the other four ferries have been operational since there is 'no legal basis to ground them'.

The PS said the government has been conducting an investigation on the functionality and seaworthiness of the ferries which will inform the next course of action.

"There is no legal basis to ground them at this stage. We expect the investigations to be completed in the course of this week. Appropriate action will be taken based on the outcome of the investigations," the PS said on Tuesday.

Her remarks come amid a report which indicates that the five ferries do not meet international safety regulations.

A report tabled last week in the Senate by Makueni Senator Mutula Kilonzo Junior shows MV Kilindini, MV Kwale, MV Nyayo, MV Likoni and MV Harambee are potential deathtraps.

In particular, the documents reveal that MV Harambee has 'rusty, dysfunctional ramps that lack safety mechanisms and contravene International Safety Management (ISM) regulations'. 

“It is now clear that had the ramp of MV Harambee been functioning properly, the death of Mariam and her daughter Amanda on September 29 could have been avoided,” the Makueni Senator offered.