Kenya Railways Corporation Act CAP 397Section 83 of Kenya Railways Corporation Act CAP 397: 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 shall be entitled to such compensation therefor as may be agreed between him and the Corporation or in default of agreement, as may be determined by a single arbitrator appointed by the Chief Justice.
(2) Nothing in this section shall be construed as entitling any person to compensation—
(a) for any damage suffered unless he would have been entitled thereto otherwise than under the provisions of this section; or
(b) for any damage suffered as a result of the user of any works
authorized under this Act unless such damage results from negligence in such user.
Check the current authoritative text and amendment history before relying on this provision.
(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…
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…
(1) No person shall be entitled to compensation for non-delivery of the whole of a consignment of goods, or of any separate package forming part of such consignment, accepted by the Corporation for ca…
Where any action or other legal proceeding is commenced against the Corporation for any act done in pursuance or execution, or intended execution, of this Act or of any public duty or authority or in…
Notwithstanding anything to the contrary in any law— (a) where any judgment or order has been obtained against the Corporation, no execution or attachment, or process in the nature thereof, shall be i…
(1) Where the amount paid for the carriage of any passenger or goods by the Corporation, or for inland waterways ports charges, is found to be incorrect, then if such amount is— (a) an overcharge, the…
Whenever any person claims compensation against the Corporation in respect of any injury alleged to be suffered by him as a result of the operations of the Corporation, any court or person having by l…
Any notice or other document required or authorised under this Act to be served on the Corporation, or the Managing Director, may be served— (a) by delivery of the notice or other document to the Mana…
Any notice or other document required or authorized under this Act to be served on any person by the Corporation or the Managing Director or any employee may be served— (a) by delivering it to that pe…
(1) The Minister may make regulations generally with respect to the services performed and the functions provided by the Corporation, for the maintenance of order on any premises occupied by the Corpo…
(1) Part V of the East African Railways Corporation Act (E.A. Cap. 18) shall cease to have the force of law in Kenya, except in relation to things done or falling to be done in respect of Kenya before…
(1) Every contract made by or on behalf of the East African Railways Corporation which at the commencement of this Act falls wholly to be performed within Kenya shall, whether or not in writing and wh…
(1) Any contract made and any act or thing done or purported to be made or done or any act or thing omitted to be done in Kenya on behalf of or in the name of Kenya Railways prior to the incorporation…
