Kenya Railways Corporation Act Cap 397 in Kenya

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87 sections

• Section 1 of Kenya Railways Corporation Act CAP 397: Short title
  

  This Act may be cited as the Kenya Railways Corporation Act.

  
  
• Section 2 of Kenya Railways Corporation Act CAP 397: Interpretation
  

  (1) In this Act, unless the context otherwise requires— “animals” means animate things of every kind except human beings; “authorized employee” means an employee authorized by the Managing Director to exercise the powers or perform the duties in respect of which the expression is used;...

  
  
• Section 3 of Kenya Railways Corporation Act CAP 397: Incorporation of Kenya Railways
  

  (1) There shall be established a Corporation to be known as Kenya Railways, in this Act referred to as the Corporation. (2) The Corporation shall be a body corporate with perpetual succession and a common seal and shall have power to sue and be sued in its corporate name and to acquire, hold and...

  
  
• Section 4 of Kenya Railways Corporation Act CAP 397: Board of Directors
  

  There shall be a board of directors of the Corporation in this Act referred to as the Board, which shall consist of— (a) a Chairman of the Board appointed by the Minister; (b) the Managing Director; (c) the Permanent Secretary of the Ministry for the time being responsible for railways;...

  
  
• Section 5 of Kenya Railways Corporation Act CAP 397: Managing director, deputy and secretary
  

  (1) There shall be a Managing Director of the Corporation who shall be appointed by the Minister after consultation with the Board and whose terms and conditions of service shall be determined by the Minister in the instrument of appointment or otherwise in writing from time to time. (2) The Board...

  
  
• Section 6 of Kenya Railways Corporation Act CAP 397: Further provisions
  

  The First Schedule shall have effect with respect to the constitution or organization of the Board and otherwise in relation thereto.

  
  
• Section 7 of Kenya Railways Corporation Act CAP 397: Remuneration of directors
  

  The Corporation shall pay to the directors such remuneration, fees or allowances for expenses as may be determined by the Minister: Provided that no remuneration, fees or allowances for expenses shall be paid to any director who is a public officer in receipt of a salary.

  
  
• Section 8 of Kenya Railways Corporation Act CAP 397: General duty of the Board
  

  (1) It shall be the duty of the Board to provide a co-ordinated and integrated system within Kenya of— (a) rail and inland waterways transport services; (b) port facilities in relation to inland waterways transport services; and (c) auxiliary road services in connection therewith. (2) The...

  
  
• Section 9 of Kenya Railways Corporation Act CAP 397: Management
  

  Subject to this Act, the control and executive management of the Corporation shall be vested in the Managing Director.

  
  
• Section 10 of Kenya Railways Corporation Act CAP 397: Powers of the Managing Director
  

  Subject to the directions of the Board, the Managing Director may— (a) establish and operate rail, road and inland waterways transport services and facilities relating thereto; (b) approve recurrent expenditure within limits determined by the Board; (c) approve any individual capital work of...

  
  
• Section 11 of Kenya Railways Corporation Act CAP 397: Powers of the Board
  

  In the exercise of its duty under section 8, and subject to any directions of a general nature which may be given to it by the Minister, and to any agreement which may be subsisting entered into pursuant to section 11A, the Board may— (a) approve any minor alteration in tariffs, rates, fares and...

  
  
• Section 11A of Kenya Railways Corporation Act CAP 397: Concessioning of the railways
  

  (1) Notwithstanding any other provision of this Act, the Board may enter into an agreement with a person appointed in accordance with this section, for the performance of any of its functions or the exercise of any of its powers under this Act by that person. (2) An agreement under subsection (1)...

  
  
• Section 12 of Kenya Railways Corporation Act CAP 397: Powers of the Minister
  

  The Minister may, subject to any agreement entered into pursuant to section 11A,— (a) give directions of a general nature to the Board relating to the operation of the undertaking of the Corporation; (b) in consultation with the Minister responsible for finance, approve any major alteration in...

  
  
• Section 13 of Kenya Railways Corporation Act CAP 397: Powers of the Corporation as a statutory body
  

  (1) Without prejudice to section 11A, the Corporation shall have power— (a) to carry goods and passengers by rail, road and inland waterways within Kenya; (b) to provide and use upon the inland waterways within and contiguous to Kenya vessels— (i) for the towage, protection or salvage of life...

  
  
• Section 14 of Kenya Railways Corporation Act CAP 397: Acquisition of land for the purposes of the Corporation
  

  (1) Where land is required by the Corporation for the purposes of the Corporation, it may either— (a) if such land is not public land, acquire such land through negotiation and agreement with the registered owner thereof: Provided that, notwithstanding the provisions of section 6 of the Land...

  
  
• Section 15 of Kenya Railways Corporation Act CAP 397: Power to enter land to survey, etc.
  

  (1) Any authorized employee of the Corporation may, for the purposes of the Corporation, enter upon— (a) any land and survey such land or any portion thereof; (b) any land contiguous to any land occupied by the Corporation and— (i) excavate, take away and use any earth, stone, gravel or...

  
  
• Section 16 of Kenya Railways Corporation Act CAP 397: Power to enter land to prevent accidents, etc.
  

  (1) The Corporation, or any authorized employee, may, for the purpose of preventing the occurrence of any accident, preserving the safe operation of any transport services provided by the Corporation or repairing any damage caused by any accident, enter upon any land and— (a) cut down or remove...

  
  
• Section 17 of Kenya Railways Corporation Act CAP 397: Power to enter land to alter position of pipes, etc.
  

  (1) Subject to this section the Corporation, or any authorized employee may, for the purposes of the Corporation, enter upon any land and alter the position of any pipe for the supply of gas, oil, water or compressed air or the position of any electric telephone or telegraphic wire or the position...

  
  
• Section 18 of Kenya Railways Corporation Act CAP 397: Power to take water
  

  The Corporation may, for its purposes, take any water from any natural watercourse subject— (a) if there is any law regulating the taking of any such water, to the provisions of that law; (b) if there is no such law, to the approval of the Minister responsible for water development.

  
  
• Section 19 of Kenya Railways Corporation Act CAP 397: Provision of transport services, etc., other than by the Corporation
  

  Except with the consent of the Minister and subject to the right of the Government to provide and operate transport services, other than the carriage of passengers or goods for hire or reward, for its own purposes— (a) no rail transport services shall be provided; and (b) no railway shall be...

  
  
• Section 20 of Kenya Railways Corporation Act CAP 397: Accommodation works
  

  Where, in the exercise of powers under this Act, the Corporation constructs a railway, then, during the construction of the railway or as soon as practicable thereafter, it shall construct and maintain the following accommodation works for the benefit of the owners and occupiers of lands adjoining...

  
  
• Section 21 of Kenya Railways Corporation Act CAP 397: Additional accommodation works
  

  If any time— (a) the owner or occupier of any lands on which a railway is constructed desires any accommodation works in addition to those, if any, constructed by the Corporation under section 20; or (b) any authority proposes to construct a public road or any other works across a railway, then...

  
  
• 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.