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 dispose of movable and immovable property for the purposes of the Corporation.
(3) The headquarters of the Corporation shall be at Nairobi.
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- Section 4 - 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...
- Section 5 - 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...
- Section 6 - 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 - 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...
- Section 8 - 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...
- Section 9 - Management
Subject to this Act, the control and executive management of the Corporation shall be vested in the Managing Director.
- Section 10 - 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...
- Section 11 - 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...
- Section 11A - 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...
- Section 12 - 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...
- Section 13 - 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...
- Section 14 - 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...
- Section 15 - 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...
- Section 16 - 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...
- Section 17 - 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,...
- Section 18 - 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...
- Section 19 - 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...
- Section 20 - 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...
- Section 21 - 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;...
- Section 22 - 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),...
- Section 23 - 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...
- Section 24 - 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,...
- Section 25 - 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...
- Section 26 - 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...
- Section 27 - 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...
- Section 28 - 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,...
- Section 29 - 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...
- Section 30 - 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...
- Section 31 - 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...
- Section 32 - 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...
- Section 33 - 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...
- Section 34 - 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...
- Section 35 - 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...
- Section 36 - 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...
- Section 37 - 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...
- Section 38 - 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...
- Section 39 - 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...
- Section 40 - 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...
- Section 41 - 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...
- Section 42 - 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...
- Section 43 - 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...
- Section 44 - 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...
- Section 45 - 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...
- Section 46 - 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...
- Section 47 - 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...
- Section 48 - 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...
- Section 49 - 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...
- Section 50 - 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...
- Section 51 - 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...
- Section 52 - 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...