Section 25 of Kenya Railways Corporation Act CAP 397: 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 credit in Kenya or abroad for the purposes of the Corporation with the concurrence of, and subject to such limitations as may be imposed by, the Minister responsible for finance.
(3) Such stock issued under the provisions of subsection (1) and such moneys borrowed or credit obtained under the provisions of subsection (2) as the Minister responsible for finance shall approve for the purposes of this subsection, and all interest and other charges payable in respect of such stock, moneys or credit, shall, unless the instrument or note evidencing or supporting such borrowing shall otherwise provide, be charged upon all the property, undertakings and revenue of the Corporation by operation of this section and without further charge or instrument.
(4) Any stock issued by the East African Railways Corporation which, by virtue of any order made under subsection (4) of section 95, becomes the liability of the Corporation shall, subject to the terms of such order, be deemed to be stock issued by the Corporation and shall be held in the same right and on the same trusts and subject to the same powers, privileges, provisions and charges as those in, on or subject to which such stock was issued.
(5) Except as provided in this section, the Corporation shall not give or execute any mortgage or charge over any of its property or assign its property by way of security for borrowed money.
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- 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...
- Section 53 - Accidents to be reported
Where any accident occurs in any transport service of the Corporation (other than a road transport service) or in any inland waterways port then if that accident—
(a) is attended, or is of a kind...
- Section 54 - The Board may order inquiry, etc.
(1) The Board may order such inquiry into any accident which occurs in any transport services of the Corporation, or in any inland waterways, or as it may think fit.
(2) The Board shall submit to...
- Section 55 - Managing Director to make a return of accidents
The Managing Director shall make to the Board a return, in such form and at such intervals as the Board may direct, of all accidents occurring to the transport services of the Corporation, or in any...
- Section 66 - Major offences
(1) Any person who unlawfully—
(a) does any act which obstructs, or might obstruct, the working of a
train, vessel or vehicle of the Corporation and which endangers, or might endanger, the life of...
- Section 67 - Minor offences
Any person who—
(a) not being specifically authorized in that behalf or an employee, passenger or agent of the Corporation—
(i) is found during the hours of darkness on any premises occupied by...
- Section 68 - Travelling without ticket, etc.
(1) Any person who—
(a) travels on a train, vessel or vehicle of the Corporation without a valid ticket or free pass with intent to avoid payment of any fare for which he is liable;
(b) having a...
- Section 69 - Offences by passengers
Any person who, being a passenger on any train, vessel or vehicle of the Corporation—
(a) enters any part thereof reserved for use of another person, or already containing the maximum number of...
- Section 70 - Offences relating to tickets
Any person who—
(a) not being an authorized employee or agent of the Corporation, sells or parts with any ticket or free pass, or any portion thereof, in order to enable any other person to travel...
- Section 71 - Forgeries, etc., of tickets
Any person who—
(a) obtains by false pretences or other fraudulent means any ticket or free pass issued by the Corporation;
(b) with intent to defraud, counterfeits, forges or alters any such...
- Section 72 - False returns
Any person who makes, either knowingly or recklessly, any statement which is false in any material particular in any return, claim or other document which is required or authorized to be made for the...
- Section 73 - Unlawfully transporting dangerous goods
(1) Any person, who in contravention of the provisions of section 50—
(a) takes with him any goods to which that section applies upon any train, vessel or vehicle of the Corporation; or...
- Section 74 - Offences by master of vessel
Any master of a vessel who contravenes, or permits to be contravened, any of the provisions of sections 58, 59, 62(1)(a) or 63(1) or who produces any document or gives any information which is false...
- Section 75 - Employee endangering safety of operation
Any employee of the Corporation who, while on duty, endangers the safety of any person—
(a) by contravening any of the provisions of this Act;
(b) by contravening any lawful order, direction or...
- Section 76 - Employee demanding improper amount
Any employee of the Corporation, who with intent to defraud, demands, solicits or receives from any passenger, or from any person delivering goods to the Corporation for carriage or warehousing or...
- Section 77 - Arrest of employee
(1) Where the safe operation of any transport service of the Corporation would be endangered by the immediate arrest, whether with or without a warrant, of any employee thereof, the police officer...
- Section 78 - Power of arrest, removal and place of trial
(1) Any person who commits any offence mentioned in section 66, 67, 68, 69, 71 or 76 may be arrested without warrant by any authorized employee of the Corporation or police officer and shall...
- Section 79 - Appointment of staff
(1) Subject to the provisions this Act, the Board may appoint such employees as may be necessary for its efficient working under such terms and conditions, including conditions relating to discipline...
- Section 80 - Property of the Corporation in custody of employee, etc.
(1) Where any employee dies or leaves the service of the Corporation and, at the time of such death or termination of service, any property of the Corporation was in his possession or custody or any...
- Section 81 - Regulations relating to staff
Subject to this Act, the Minister may make regulations generally relating to the conditions of service of employees and, without prejudice to the generality of the foregoing, may make regulations...
- Section 82 - Delegation and signification
(1) The Board and the Managing Director may delegate to any person any of the powers vested in them under this Act and may grant to any person powers of attorney.
(2) Any act or decision, or...
- Section 83 - Compensation
(1) In the exercise of the powers conferred by sections 13, 15, 16 and 17, the Corporation shall do as little damage as possible, and where any person suffers damage no action or suit shall lie but he...
- Section 84 - Liability for damage caused by fire
(1) The Corporation shall not be liable for any loss or damage caused by fire from any engine of the Corporation to any building, or any property therein, if any part of such building is within two...
- Section 85 - Burden of proof
In any proceedings against the Corporation for compensation under provisions of section 30, 31 or 36, it shall not be necessary for the person claiming compensation to prove how such loss,...