Kenya Railways Corporation Act CAP 397

Section 25 of Kenya Railways Corporation Act CAP 397: Borrowing powers

(1) The Corporation may borrow money by the issue of loan stock on such terms as may be approved by the Minister responsible for finance.
(2) The Corporation may otherwise borrow money or obtain credit in Kenya or abroad for the purposes of the Corporation with the concurrence of, and subject to such limitations as may be imposed by, the Minister responsible for finance.
(3) Such stock issued under the provisions of subsection (1) and such moneys borrowed or credit obtained under the provisions of subsection (2) as the Minister responsible for finance shall approve for the purposes of this subsection, and all interest and other charges payable in respect of such stock, moneys or credit, shall, unless the instrument or note evidencing or supporting such borrowing shall otherwise provide, be charged upon all the property, undertakings and revenue of the Corporation by operation of this section and without further charge or instrument.
(4) Any stock issued by the East African Railways Corporation which, by virtue of any order made under subsection (4) of section 95, becomes the liability of the Corporation shall, subject to the terms of such order, be deemed to be stock issued by the Corporation and shall be held in the same right and on the same trusts and subject to the same powers, privileges, provisions and charges as those in, on or subject to which such stock was issued.
(5) Except as provided in this section, the Corporation shall not give or execute any mortgage or charge over any of its property or assign its property by way of security for borrowed money.

Check the current authoritative text and amendment history before relying on this provision.

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Section 26 — Annual accounts

(1) The Board shall ensure that proper accounts and other records are kept in relation to the revenue and expenditure of the Corporation and shall ensure that, within six months of the end of each fin…

Section 27 — Annual report and financial year

(1) The Board shall, within nine months after the end of each financial year, prepare a report upon the operation of the Corporation during that year and shall transmit such report to the Minister who…

Section 30 — Liability for loss of goods

(1) Subject to this Act, the Corporation shall be liable for any loss or misdelivery of, or damage to, goods occurring while the goods are in transit from any cause whatsoever unless the Corporation p…

Section 31 — Liability for delay, etc., of goods

The Corporation shall not be liable for any loss arising from delay to, detention of or deviation in the carriage of goods unless such delay, detention or deviation is caused by the want of reasonable…

Section 32 — Limitation of liability for animals

(1) The liability of the Corporation in respect of any animal shall not in any case exceed the appropriate amount set out in the Tariff Book, unless at the time of the acceptance of such animal by the…

Section 35 — Limitation of liability by contract

(1) The liability of the Corporation under this Act for the carriage of goods by the Corporation shall not be limited in any manner otherwise than by contract made in accordance with the provisions of…

Section 36 — Liability for loss of goods, etc.

Subject to this Act, or any contract, the Corporation shall not be liable for the loss, misdelivery or detention of, or damage to, goods— (a) delivered to, or in the custody of, the Corporation otherw…

Section 43 — Conditions of carriage of luggage

(1) Subject to this Act, every passenger shall on payment of the appropriate charge, if any, be entitled to deliver his luggage to an authorized employee for carriage by the Corporation in the appropr…

Section 45 — General right to have goods carried

Subject to this Act, any person who has tendered to an authorized employee the appropriate rates and charges, and has complied with the conditions upon which goods may be accepted for carriage by the…

Section 50 — Dangerous or offensive goods, etc.

(1) No person shall take with him upon any train, vessel or vehicle of the Corporation or tender to the Corporation for carriage or warehousing any dangerous or offensive goods or any goods which are…

Section 53 — Accidents to be reported

Where any accident occurs in any transport service of the Corporation (other than a road transport service) or in any inland waterways port then if that accident— (a) is attended, or is of a kind usua…

Section 54 — The Board may order inquiry, etc.

(1) The Board may order such inquiry into any accident which occurs in any transport services of the Corporation, or in any inland waterways, or as it may think fit. (2) The Board shall submit to the…

Section 66 — Major offences

(1) Any person who unlawfully— (a) does any act which obstructs, or might obstruct, the working of a train, vessel or vehicle of the Corporation and which endangers, or might endanger, the life of any…

Section 67 — Minor offences

Any person who— (a) not being specifically authorized in that behalf or an employee, passenger or agent of the Corporation— (i) is found during the hours of darkness on any premises occupied by the Co…

Section 68 — Travelling without ticket, etc.

(1) Any person who— (a) travels on a train, vessel or vehicle of the Corporation without a valid ticket or free pass with intent to avoid payment of any fare for which he is liable; (b) having a valid…

Section 69 — Offences by passengers

Any person who, being a passenger on any train, vessel or vehicle of the Corporation— (a) enters any part thereof reserved for use of another person, or already containing the maximum number of person…

Section 70 — Offences relating to tickets

Any person who— (a) not being an authorized employee or agent of the Corporation, sells or parts with any ticket or free pass, or any portion thereof, in order to enable any other person to travel the…

Section 71 — Forgeries, etc., of tickets

Any person who— (a) obtains by false pretences or other fraudulent means any ticket or free pass issued by the Corporation; (b) with intent to defraud, counterfeits, forges or alters any such ticket o…

Section 72 — False returns

Any person who makes, either knowingly or recklessly, any statement which is false in any material particular in any return, claim or other document which is required or authorized to be made for the…

Section 74 — Offences by master of vessel

Any master of a vessel who contravenes, or permits to be contravened, any of the provisions of sections 58, 59, 62(1)(a) or 63(1) or who produces any document or gives any information which is false i…

Section 76 — Employee demanding improper amount

Any employee of the Corporation, who with intent to defraud, demands, solicits or receives from any passenger, or from any person delivering goods to the Corporation for carriage or warehousing or fro…

Section 77 — Arrest of employee

(1) Where the safe operation of any transport service of the Corporation would be endangered by the immediate arrest, whether with or without a warrant, of any employee thereof, the police officer who…

Section 79 — Appointment of staff

(1) Subject to the provisions this Act, the Board may appoint such employees as may be necessary for its efficient working under such terms and conditions, including conditions relating to discipline…

Section 81 — Regulations relating to staff

Subject to this Act, the Minister may make regulations generally relating to the conditions of service of employees and, without prejudice to the generality of the foregoing, may make regulations rela…

Section 82 — Delegation and signification

(1) The Board and the Managing Director may delegate to any person any of the powers vested in them under this Act and may grant to any person powers of attorney. (2) Any act or decision, or notificat…

Section 83 — Compensation

(1) In the exercise of the powers conferred by sections 13, 15, 16 and 17, the Corporation shall do as little damage as possible, and where any person suffers damage no action or suit shall lie but he…

Section 84 — Liability for damage caused by fire

(1) The Corporation shall not be liable for any loss or damage caused by fire from any engine of the Corporation to any building, or any property therein, if any part of such building is within two hu…

Section 85 — Burden of proof

In any proceedings against the Corporation for compensation under provisions of section 30, 31 or 36, it shall not be necessary for the person claiming compensation to prove how such loss, misdelivery…