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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 those on which the railway is constructed—
(a) such crossings, bridges or other works as, in the opinion of the Board, are necessary for the purpose of making good any interruption caused by the construction of the railway to the use of the lands through which the railway is constructed;
(b) such culverts, drains or other works as, in the opinion of the Board, are necessary to convey water as freely as is practicable from or to such adjoining lands as before the construction of the railway:
Provided that—
(i) nothing in this section shall require the construction or the maintenance of any accommodation works—
(a) in such a manner as to prevent or obstruct the proper
operation of the railway;
(b) where the owners or occupiers, or their predecessors in title, of the lands have received an agreed amount of compensation in consideration of such works not being constructed or maintained; or
(c) at any time after a period of five years from the date on which the railway passing through the lands was first opened for the public carriage of passengers or goods; and
(ii) where suitable accommodation works for the crossing of roads or watercourses have been constructed under this section and such road or watercourse is afterwards diverted by some person other than the Corporation, then, the Corporation shall not be required to construct other accommodation works for the crossing of the road or watercourse.

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

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