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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 and property;
(ii) for the carriage of goods and passengers;
(c) to store goods within Kenya, whether or not such goods have been, or are to be, carried by the Corporation;
(d) to consign goods on behalf of other persons from any place within Kenya to any other place whether within Kenya or elsewhere;
(e) to provide within Kenya, both for the passengers carried by the Corporation and other persons, hotels, other living accommodation and places of refreshment;
(f) to provide within Kenya such other amenities or facilities for passengers carried by the Corporation and other persons making use of the services performed or the facilities provided by the Corporation as may appear to the Board necessary or desirable.
(2) Subject to this Act, the powers conferred by subsection (1) shall include all such powers as are necessary or advantageous and proper for the purposes of the Corporation and in particular, without prejudice to the generality of the foregoing, shall include power—
(a) to construct or improve any railway, inland waterways port, ferry,
road, bridge, building or any other necessary or desirable works required for the purposes of the Corporation;
(b) to operate trains and to acquire, construct, manufacture, maintain or repair anything required for the purposes of the Corporation;
(c) to carry on any business necessary or desirable to be carried on for the purposes of the Corporation and to act as agent for any services of the Government in the provision of any agreed function;
(d) to acquire, construct, manufacture, maintain or repair waterways or electric generating plant or any other works, plant or apparatus necessary or desirable for the supply or transmission of water or of electric energy for the purposes of the Corporation and to supply any such water or electric energy to any person;
(e) subject to the approval of the Minister in charge thereof, to alter the course of, or raise or lower the level of, any watercourse or road if such alteration, raising or lowering is necessary for the purposes of the Corporation;
(f) to determine, impose and levy rates, fares, charges, dues or fees for any service performed by the Corporation or for the use by any person of the facilities provided by the Corporation or for the grant to any person of any licence, permit or certificate;
(g) to prohibit, control or regulate—
(i) the use by any person of the services performed, or the facilities provided, by the Corporation;
(ii) the presence of any person, vessel, vehicle or goods within
any inland waterways port or on any premises occupied by the Corporation for the purposes of the Corporation;
(h) to sell, let or otherwise dispose of any property, movable or immovable, which in the opinion of the Board is not necessary for the purposes of the Corporation:
Provided that the Corporation shall not sell, let or otherwise dispose of any building or land placed at its disposal by the Government otherwise than with the consent of, and on conditions agreed by, the Government;
(i) to provide houses and other accommodation for employees;
(j) to act as agent for any person engaged, whether within Kenya or elsewhere, in the performance of the services or the provision of facilities of a kind similar, or complementary to, those performed or provided by the Corporation;
(k) to enter into agreements with any person—
(i) for the supply, construction, manufacture, maintenance or repair by that person of any property, movable or immovable, necessary or desirable for the purposes of the Corporation;
(ii) for the performance or provision by that person of any of the services or the facilities which may be performed or provided by the Corporation;
(iii) for the payment, collection or apportionment of any fares, rates, charges or other receipts arising out of the performance or the provision by that person of any such services or facilities and, for such purposes, to finance or assist in financing the activities of the person, whether by way of loan, the holding of stocks, shares or securities, the guaranteeing of interest or the retention of any stocks, shares or securities or otherwise;
(l) to enter into an agreement with any person carrying on business as a carrier of passengers or goods, whether within Kenya or elsewhere, providing for the carriage of passengers or goods, by or on behalf of the Corporation, and of that person, under one contract or at a through fare or rate;
(m) to hold shares in any company or other body and to establish or acquire any subsidiary company; and
(n) to enter into any arrangement with the Kenya Ports Authority which, in the opinion of the Board, will promote or secure the provision, or improved provision, of any service or facilities which they may separately provide and without prejudice to the generality thereof any such arrangement or agreement may include provisions relating to—
(i) the use by either party of the facilities or equipment maintained by the other;
(ii) the temporary employment of staff of one party by the other on secondment or otherwise;
(iii) the charges made in respect of the use of any service or facility to which the arrangement or agreement relates;
(iv) the financing of any project by either or both parties;
(v) research connected with any existing service or facility
provided by either party or in relation to any service or facility
under consideration; and
(vi) the joinder in the arrangement or agreement by any other person.
(3) For the avoidance of doubt it is hereby declared that subsections (1) and (2) relate only to the capacity of the Corporation as a statutory corporation and nothing in those provisions shall be construed as authorizing the disregard by the Corporation of any law.
(4) The powers conferred on the Corporation under this section to construct or execute any work shall empower the construction or execution of such works on land vested in the Corporation or on land placed at its disposal by the Government for the purposes of the Corporation or, in the case of land not so vested in, or placed at the disposal of, the Corporation, only with the agreement of the owner of the land on which such works are to be constructed or executed, and where any land is required by the Corporation for the purposes of the Corporation, the Corporation shall proceed in accordance with section 14.

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Disclaimer: This document is not to be taken as legal advise.

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