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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 any tree or other obstruction not being a building, which obscures the view of any fixed signal or beacon or which is likely to cause any obstruction or danger to any such transport service; and
(b) execute such other works as may be necessary to prevent the occurrence of any accident or to repair any damage caused as a result of any accident.
(2) If any tree or other obstruction cut down or removed under subsection (1)(a) came into existence subsequent to the transport services being provided at that place then no compensation shall be payable in respect of such entry or the cutting down or removal of such tree or other obstruction.
(3) Where any person erects any building which obscures the view of a fixed signal or is likely to cause any obstruction or any danger to any rail or transport service provided by the Corporation, the Corporation may, unless such person has previously obtained the approval of the Managing Director to the erection of such building or has modified it to the satisfaction of the Managing Director, apply to a judge of the High Court for an order for the demolition or modification of such building or, as the case may require, for the payment of the Corporation of the cost incurred in resiting or replacing any signalling or other equipment which is necessary to prevent such obstruction or danger and the court, at its discretion, may grant such order and may make such order as to the payment of compensation and costs as it thinks fit.

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

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