- Section 22 of Kenya Railways Corporation Act CAP 397: Constructions of railway crossing public road
(1) Where, in the exercise of powers under this Act, the Corporation proposes to construct a railway across a public road, the Minister responsible for public lands may, subject to subsection (3), require the Corporation to construct the railway in such a manner that it does not cross such road on...
- Section 23 of Kenya Railways Corporation Act CAP 397: Certification of a new railway
(1) Before any section of a new railway is declared open for the public carriage of passengers or goods, the Chief Engineer of the Corporation or such other qualified person as the Managing Director may appoint in that behalf shall furnish a certificate that such section complies with the standards...
- Section 24 of Kenya Railways Corporation Act CAP 397: Principles of operation
(1) It shall be the duty of the Corporation to conduct its business according to commercial principles and to perform its functions in such a manner as to secure that, taking one year with another, its gross revenue is not less than sufficient to meet its outgoings which are properly chargeable to...
- 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...
- Section 26 of Kenya Railways Corporation Act CAP 397: 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 financial year of the Corporation or such longer period as the Minister may allow in any particular...
- Section 27 of Kenya Railways Corporation Act CAP 397: 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 shall cause the same to be presented to Parliament together with the statement of accounts and...
- Section 28 of Kenya Railways Corporation Act CAP 397: Liability for loss of life, etc., of passengers
(1) The Corporation shall not be liable for the loss of life of, or for personal injury to, any passenger except where the loss of life or personal injury is caused by the want of ordinary care, diligence or skill on the part of the Corporation or of any employee:
Provided that nothing herein...
- Section 29 of Kenya Railways Corporation Act CAP 397: No liability for delay in arrival of passengers, etc.
The Corporation shall not be liable for any loss arising from the delay to any passenger caused—
(a) by the failure of any train, vessel or vehicle to start on or complete any journey; or
(b) by the late starting or late arrival of any train, vessel or vehicle, from whatever cause arising.
- Section 30 of Kenya Railways Corporation Act CAP 397: 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 proves that such loss, misdelivery or damage, arose from—
(a) act of God;
(b) act of war;...
- Section 31 of Kenya Railways Corporation Act CAP 397: 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 foresight and care on the part of the Corporation or any employee:
Provided that the Corporation...
- Section 32 of Kenya Railways Corporation Act CAP 397: 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 Corporation for carriage the consignor, or his agent, declared that the value of the animal...
- Section 33 of Kenya Railways Corporation Act CAP 397: Limitation of liability for loss, etc., of specific articles
(1) The liability of the Corporation in respect of any article or articles specified in the Second Schedule, and contained in any parcel or package, shall not, in any circumstances, exceed one thousand shillings unless at the time of acceptance of such parcel or package by the Corporation for...
- Section 34 of Kenya Railways Corporation Act CAP 397: Limitation of liability for loss, etc., where false account given
The liability of the Corporation in respect of any goods carried by the Corporation in relation to which an account false in any material particular has been given under section 46 shall not in any case exceed the value of the goods as calculated in accordance with the description contained in such...
- Section 35 of Kenya Railways Corporation Act CAP 397: 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 this section:
Provided that nothing in this section shall apply to a contract for the carriage of...
- Section 36 of Kenya Railways Corporation Act CAP 397: 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 otherwise than for the purpose of carriage;
accepted by the Corporation for carriage where such loss,...
- Section 37 of Kenya Railways Corporation Act CAP 397: Limitation of liability for loss, etc., of goods deposited in cloakroom
(1) The liability of the Corporation for any loss or misdelivery of, damage to or delay in the delivery of any goods deposited in a cloakroom shall not in any case exceed two hundred shillings unless at the time of such deposit the person depositing the goods declared that the value thereof exceeded...
- Section 38 of Kenya Railways Corporation Act CAP 397: Corporation may determine conditions for the carriage of passengers and luggage
(1) The Corporation may subject to this Act—
(a) determine the conditions upon which passengers and luggage shall be carried by the Corporation and different conditions may be determined in different cases; and such conditions shall be published in the Tariff Book and shall, subject as aforesaid,...
- Section 39 of Kenya Railways Corporation Act CAP 397: General right of persons to be carried as passengers
Subject to the provisions of this Act, any person who has tendered to an authorized employee of the Corporation the proper fare for the ticket he desires shall be entitled to obtain such ticket and to be carried as a passenger by the Corporation in accordance with the conditions subject to which the...
- Section 40 of Kenya Railways Corporation Act CAP 397: General conditions on which tickets, etc., issued
(1) Every ticket and free pass shall be issued by the Corporation subject to the provisions of this Act and, in addition to any other conditions, to the condition that—
(a) there is room available in the train, vessel or vehicle of the class for which the ticket or free pass is issued;
(b) an...
- Section 41 of Kenya Railways Corporation Act CAP 397: Persons without valid ticket, etc., may be removed from train, etc.
No person shall be upon any train, vessel or vehicle of the Corporation for the purposes of travelling therein as a passenger unless he is in possession of a valid ticket or free pass; and any person found on a train, vessel or vehicle without a valid ticket or free pass may, without prejudice to...
- Section 42 of Kenya Railways Corporation Act CAP 397: Fares, etc., payable by persons travelling without a valid ticket, etc.
(1) Any person who—
(a) travels on any train, vessel or vehicle of the Corporation without a valid ticket or free pass; or
(b) being in, or having come from, any such train, vessel or vehicle does not present his ticket or free pass for examination or does not deliver up his ticket or free pass...
- Section 43 of Kenya Railways Corporation Act CAP 397: 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 appropriate part of the train, vessel or vehicle and to receive a document of receipt for each piece of...
- Section 44 of Kenya Railways Corporation Act CAP 397: Corporation may determine conditions for carriage of goods, etc.
(1) The Corporation may, subject to the provisions of this Act, determine the conditions upon which goods shall be carried or warehoused by the Corporation and different conditions may be determined in different cases; and such conditions shall be published in the Tariff Book and shall, subject as...
- Section 45 of Kenya Railways Corporation Act CAP 397: 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 Corporation, shall be entitled to receive a document of receipt for such goods and to have such...
- Section 46 of Kenya Railways Corporation Act CAP 397: Description, etc., of goods to be delivered
(1) The consignor of, or the person tendering, any goods to the Corporation for carriage or warehousing and, on request by an authorized employee, the consignee of, or person receiving, any goods which have been carried or warehoused by the Corporation, shall deliver to an authorized employee an...
- Section 47 of Kenya Railways Corporation Act CAP 397: Goods may be sold to pay fares, rates, etc.
(1) Where any person fails to pay on demand made by an authorized employee any fare, rate or charge due from him as a passenger or in respect of any goods, the Corporation may detain the whole or any part of such goods including the luggage of the passenger or, if the value of the goods is, in the...
- Section 48 of Kenya Railways Corporation Act CAP 397: Unclaimed goods in possession of the Corporation
(1) Where any goods in the possession of the Corporation are not claimed by the owner or person appearing to the Corporation to be entitled thereto, the Corporation shall, if such owner or person is known, take all reasonable steps to cause a notice to be served upon him requiring him to remove the...
- Section 49 of Kenya Railways Corporation Act CAP 397: Indemnity where goods claimed by two persons, etc.
Where—
(a) any goods, or the proceeds of the sale of any goods, are in the
possession of the Corporation and such goods or proceeds are claimed by two or more persons; or
(b) any person claiming any goods in the possession of the Corporation does not produce valid documents showing that he is...
- Section 50 of Kenya Railways Corporation Act CAP 397: 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 likely to cause damage to any persons or property without giving notice of the nature of such goods—...
- Section 51 of Kenya Railways Corporation Act CAP 397: Corporation to prepare Tariff Book, etc.
(1) The Corporation shall cause to be prepared and published in such manner as it may think fit—
(a) a Tariff Book containing all matters which under this Act are required to be contained therein together with such other matters as, under
this Act, may be determined by the Corporation and such...