- Section 52 of Kenya Railways Corporation Act CAP 397: Corporation shall determine maximum load, etc.
(1) The Corporation shall determine—
(a) the maximum load for every wagon of the Corporation and no
wagon shall, except with the permission of the Managing Director, be loaded in excess of such maximum load;
(b) the maximum number of passengers that may be carried in any compartment of a coach...
- Section 53 of Kenya Railways Corporation Act CAP 397: 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 usually attended, with loss of human life or with serious injury to any person or property; or...
- Section 54 of Kenya Railways Corporation Act CAP 397: 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 Minister a report on any accident of a kind referred to in section 53 setting out inter alia the...
- Section 55 of Kenya Railways Corporation Act CAP 397: Managing Director to make a return of accidents
The Managing Director shall make to the Board a return, in such form and at such intervals as the Board may direct, of all accidents occurring to the transport services of the Corporation, or in any inland waterways port, whether or not any such accident is attended with injury to any person.
- Section 66 of Kenya Railways Corporation Act CAP 397: 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 person travelling thereon; or
(b) damages or in any way interferes with any train, vessel,...
- Section 67 of Kenya Railways Corporation Act CAP 397: 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 Corporation;
(ii) is found in any area designated by the Corporation as dangerous by the...
- Section 68 of Kenya Railways Corporation Act CAP 397: 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 ticket or free pass for a certain distance, knowingly travels on a train, vessel or vehicle of...
- Section 69 of Kenya Railways Corporation Act CAP 397: 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 persons authorized for that part, and refuses to leave that part after being required to do so by an...
- Section 70 of Kenya Railways Corporation Act CAP 397: 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 therewith on a train, vessel or vehicle;
(b) purchases or obtains any ticket or free pass, or any...
- Section 71 of Kenya Railways Corporation Act CAP 397: 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 or free pass; or
(c) with intent to defraud, utters or in any way publishes any such forged,...
- Section 72 of Kenya Railways Corporation Act CAP 397: 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 purposes of the Corporation under this Act shall be guilty of an offence and liable to a fine not...
- Section 73 of Kenya Railways Corporation Act CAP 397: Unlawfully transporting dangerous goods
(1) Any person, who in contravention of the provisions of section 50—
(a) takes with him any goods to which that section applies upon any train, vessel or vehicle of the Corporation; or
(b) delivers any such goods to the Corporation for carriage or warehousing, shall be guilty of an offence and...
- Section 74 of Kenya Railways Corporation Act CAP 397: 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 in any material particular, shall be guilty of an offence and liable to a fine not exceeding three...
- Section 75 of Kenya Railways Corporation Act CAP 397: Employee endangering safety of operation
Any employee of the Corporation who, while on duty, endangers the safety of any person—
(a) by contravening any of the provisions of this Act;
(b) by contravening any lawful order, direction or rule given to such employee or made in respect of his service;
(c) by being under the influence of...
- Section 76 of Kenya Railways Corporation Act CAP 397: 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 from any person making use of the facilities provided by the Corporation, any greater or lesser amount...
- Section 77 of Kenya Railways Corporation Act CAP 397: 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 whose duty it is to make the arrest shall—
(a) request the head of the department of such employee to...
- Section 78 of Kenya Railways Corporation Act CAP 397: Power of arrest, removal and place of trial
(1) Any person who commits any offence mentioned in section 66, 67, 68, 69, 71 or 76 may be arrested without warrant by any authorized employee of the Corporation or police officer and shall thereupon, with the least possible delay, be taken before a magistrate having jurisdiction to try him or to...
- Section 79 of Kenya Railways Corporation Act CAP 397: 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 and dismissal, as it may think fit.
(2) The Managing Director may, by notice in writing, authorize...
- Section 80 of Kenya Railways Corporation Act CAP 397: Property of the Corporation in custody of employee, etc.
(1) Where any employee dies or leaves the service of the Corporation and, at the time of such death or termination of service, any property of the Corporation was in his possession or custody or any premises of the Corporation were occupied by him, it shall be the duty of such employee, or, in the...
- Section 81 of Kenya Railways Corporation Act CAP 397: 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 relating to—
(a) the grant of pensions, gratuities and other retiring allowances to employees and...
- Section 82 of Kenya Railways Corporation Act CAP 397: 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 notification thereof, of the Board or the Managing Director under this Act may be signified under the hand...
- Section 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...
- Section 84 of Kenya Railways Corporation Act CAP 397: 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 hundred feet of the rails of any railway.
(2) Subject to subsection (1), the Corporation shall be...
- Section 85 of Kenya Railways Corporation Act CAP 397: 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, damage, detention, delay or deviation was caused.
- Section 86 of Kenya Railways Corporation Act CAP 397: Notice of claim
(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 carriage or warehousing unless a claim in writing, giving such particulars as may reasonably be...
- Section 87 of Kenya Railways Corporation Act CAP 397: Limitation
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 respect of any alleged neglect or default in the execution of this Act or of any such duty or...
- Section 88 of Kenya Railways Corporation Act CAP 397: Restriction on execution against property of Corporation
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 issued against the Corporation or against any immovable property of the Corporation or any of its...
- Section 89 of Kenya Railways Corporation Act CAP 397: Overcharge and undercharge
(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 passenger or the person who paid the charge shall be entitled to a refund of the amount of the...
- Section 90 of Kenya Railways Corporation Act CAP 397: Medical examination of persons claiming compensation
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 law, or consent of the parties, authority to determine the claim may order that the person injured be...
- Section 91 of Kenya Railways Corporation Act CAP 397: Service of notice, etc., on the managing director
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 Managing Director or to any authorized employee; or
(b) by leaving it at the office of the Managing...