Section 23 of Kenya Railways Corporation Act CAP 397: 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 may appoint in that behalf shall furnish a certificate that such section complies with the standards laid down by the Corporation and may, in the opinion of such engineer or other person, be opened for the public carriage of passengers or goods without danger to the public; and upon such certificate being furnished, the Corporation may by notice in the Gazette declare the section to which the certificate refers to be open for such purposes.
(2) Nothing in subsection (1) shall prohibit the Corporation from carrying passengers or goods on a railway in the course of construction or before it has been so declared open but, in such case, the Corporation shall not be liable for the death of, or injury to, any passenger or for the loss of, or damage to, any goods occasioned in the course of such carriage.
(3) For the purpose of this section, the expression “new railway” does not include any diversion or re-alignment of track made to any existing railway.
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