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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;
“beacon” includes a light, mark or other structure erected by the Corporation for the purpose of navigation on inland waterways;
“booking office” means a place at which tickets may be obtained or charges paid to the Corporation;
“Chairman” means the chairman of the Board appointed under section 4;
“charges” means all sums received or receivable, charged or chargeable, for, or in respect of, the carriage or warehousing of goods by the Corporation or for, or in respect of, any vessel or inland waterways port or any other service performed or facilities provided by the Corporation;
“consignee” means the person, firm or body to whom goods accepted for carriage by the Corporation are addressed;
“consignment” means one or more packages of goods or a quantity of loose goods tendered for carriage by one consignor to one consignee by the Corporation;
“consignor” means the person who has tendered goods which have been accepted for carriage by the Corporation;
“customs law” means any law in force imposing or relating to the collection of customs or excise duties or transfer tax;
“employee” means any person in the service of the Corporation;
“fare” includes all sums received or receivable, charged or chargeable, for the carriage of a passenger by the Corporation;
“ferry” means any vessel plying from one side of a waterway to the other for the purpose of the carriage of passengers or goods;
“firebreak” means any strip of land, whether under trees or not, which has been cleared of inflammable matter to prevent the spread of fire, and which is not less than thirty feet (measured from the boundary of the land upon which a railway is constructed) in width, or of such other dimensions or sited at such places as may have been agreed upon between the Managing Director and the owner or occupier of the land contiguous to any land occupied by the Corporation on which a railway is constructed;
“free pass” means an authority in writing for the carriage by the Corporation without the payment of any fare of any person as a passenger;
“goods” includes luggage, animals (whether alive or dead) and all other movable property of any description;
“inland waterways ports” means the ports specified in the Third Schedule;
“luggage” means such articles of personal apparel or for personal use, together with their containers, as are usually carried by passengers for their personal use, but does not include goods which, though carried in any such container or otherwise, are not intended for any such use;
“Managing Director” means the Managing Director of the Corporation appointed under section 5;
“master”, in relation to a vessel, means any person having charge of that vessel;
“perishable goods” means goods liable to rapid deterioration and includes fish, fruit, vegetables, potatoes, plants, bread, meat, game, butter, eggs, milk, cheese, birds, poultry, small animals, and any other thing which the Managing Director may by notice in the Gazette declare to be perishable goods;
“railway” means the whole or any portion of the lines of railway operated by the Corporation and all other movable and immovable property used, or placed at the disposal of the Corporation for use, in connection therewith;
“railway station” includes a road service station operated by the Corporation to serve the railway;
“rates” includes all sums which may, under the provisions of this Act, be levied for, or in respect of, the carriage or warehousing of goods by the Corporation or for, or in respect of, any vessel or inland waterways port or any other service performed or facility provided by the Corporation;
“season ticket” means a ticket entitling the person to whom it is issued to be carried by the Corporation as a passenger between the places specified thereon on the number of occasions or during the period specified thereon;
“Tariff Book” means the Tariff Book prepared and published in accordance with section 51;
“the purposes of the Corporation” means any purposes necessary or desirable for the performance of the services, or the provision of any facilities, which the Corporation is authorized to perform under this Act;
“ticket” includes a single ticket, a return ticket, a season ticket, and any other written authority (not a free pass) for the carriage of a person by the Corporation as a passenger;
“trains” includes locomotive engines, tenders, motors, coaches, wagons, trolleys and rolling stock of all kinds used, whether separately or in conjunction, on a railway;
“vehicle” means any vehicle other than a train or vessel;
“warehouse” includes any building, place, wagon, vessel or vehicle when used by the Corporation for the purpose of warehousing or depositing goods;
“watercourse” means any river, stream, drain, gully, canal or other channel, whether artificial or not, in which water flows whether constantly or intermittently;
“waterworks” includes boreholes, wells, reservoirs, dams, weirs, tanks, cisterns, conduits, aqueducts, pipes, hydrants, taps, pumps, engines and all other structures, plant and appliances used or constructed for obtaining, storing, purifying, conveying, distributing, measuring or regulating water.
(2) For the purposes of this Act, goods shall be deemed to be in transit from the time the goods are accepted by the Corporation for carriage until the expiration of twenty-four hours after the goods have arrived at the place to which, in respect of their carriage by the Corporation, the goods have been consigned, and thereafter the goods shall, so long as they remain in the custody of the Corporation, be deemed to be in such custody otherwise than for the purpose of carriage:
Provided that—
(i) where such goods are delivered to the consignee within the period of twenty-four hours, the goods shall cease to be in transit as from the time when they are delivered;
(ii) where such goods are perishable goods and the Corporation, in the exercise of its powers under this Act, disposes of those goods within the period of twenty-four hours, the goods shall cease to be in transit as from the time when they are so disposed of;
(iii) where the goods are, in respect of their carriage by the Corporation, consigned to a place at which the Corporation does not maintain any staff for the receipt thereof, the goods shall cease to be in transit as from the time when they arrive at such place;
(iv) where the goods are consigned for delivery to a place other than a railway station by means of a delivery service operating from a railway station or inland waterways port by the Corporation and such goods cannot, due to causes beyond the control of the Corporation, be delivered at such place within twenty-four hours after the time of their arrival at the railway station or inland waterways port from which the delivery service is operated, such goods shall cease to be in transit after the time when such goods are tendered for delivery at
such place or after the expiry of twenty-four hours after the time of their arrival at the railway station or inland waterways port from which the delivery service is operated, whichever is the earlier.
(3) In this Act and in all documents issued under this Act, unless the context otherwise requires—
(a) “premises occupied by the Corporation” means premises vested in or placed at the disposal of the Corporation for the purpose of the Corporation;
(b) “property of the Corporation” means property vested in the
Corporation for the purpose of the Corporation;
(c) “the possession of the Corporation” means the possession by any employee in the course of his duty;
(d) “carried by the Corporation” means carried by the Corporation in accordance with the provisions of this Act;
(e) “accepted by the Corporation” means accepted by an employee or agent of the Corporation for carriage or warehousing by the Corporation in accordance with the provisions of this Act:
Provided that acceptance shall not be deemed to have been effected until a document of receipt in respect of the goods accepted, signed by an authorized employee or agent of the Corporation, has been issued;
(f) “services or facilities provided by the Corporation” means
services performed or facilities provided by the Corporation in accordance with the provisions of this Act;
(g) “operated by the Corporation” means operated by the
Corporation in accordance with the provisions in this Act;
(h) “vessel or vehicle of the Corporation” includes a vessel or vehicle operated on behalf of the Corporation.

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