Whereas by virtue of section 3(1) of the Ferries Ordinance it is provided that whenever any service of ferry boats is established, acquired, maintained or carried on by any person under an agreement entered into between such person under an agreement entered into between such person and the Director of Public Works (hereinafter referred to as "the Director") under the powers conferred upon the Director by the said section 3(1) of the Ferries Act the Director shall have power by order under his hand, carrying on a ferry boat service within the meaning of the said Ferries Act within such area or areas and for such period and within such hours as may be prescribed in such Order:

And whereas a service of ferry boats has been established and acquired and will be maintained and carried on by the Kenya Bus Service (Mombasa) Ltd., under an agreement entered into between the said Kenya Bus Services (Mombasa) Ltd., and the Director under the powers conferred upon the Director by the said section 3(1) of the said Ferries Act, and whereas all the provisions of section 3 of the said Act have been complied with:

Now, therefore, I, John Clark Stonach, Director of Public Works, do, by this Order, under my hand and with the approval of the Governor, prohibit any person, except with my consent signified in writing under my hand, carrying on a ferry boat service within the meaning of the said Ferries Ordinance within the areas delineated and described on the drawing marked P.W.D, Drawing No. 12334/1 such areas being the areas included in the boundaries of the areas marked respectively "A" Likoni Ferry and "B" Mtongwe Ferry on the said plan and part of the total area of each of such areas being hatched on the said plan, within all hours of every day, from the date of this Order, until further notice. Copies of P.W.D Drawing No. 12334/1 can be inspected at the Head Office of the Public Works Department, Nairobi, or at the office of the Senior Assistant Engineer, Public Works Department, Mombasa: Provided that I do hereby and without prejudice to the giving of any further consent to any other person or persons at any time in my absolute discretion as provided for in section 3(1) of the said Ferries Act give my consent to the East African Estates Limited, exercising within the areas referred to in this Act all the rights conferred upon and acquired by them by virtue of clause 20 of a Grant made to that Company on the 21st day of February, 1925, by the then Acting Governor of Kenya such grant being registered in the Registry of Titles, Mombasa District, and being Title No. C.R. 7850/1 being a Grant for the term of ninety-nine years of certain land in the districts of Kwale and Mombasa of the Coast Province of the Protectorate of Kenya, which said clause 30 reads as follows–

"Nothing herein contained or implied shall confer any foreshore rights upon the Grantee, but it, the Grantee (upon having given to the Governor reasonable notice in writing to that intent) shall have permission and liberty to construct at its own expense a landing stage on the foreshore at Likoni to be of such structure as is necessary for ferry purposes only and the Grantee for the purpose of completing such ferry shall have permission and liberty to use at all reasonable hours the existing Government landing stage or jetty (or any substitute therefore) on the Mombasa Island side of the harbour upon the payment of such fees as may be demanded. Provided that nothing herein contained or implied shall be construed as to grant any right or interest in the Government jetty aforementioned other than the bare permission and liberty aforesaid."