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Section 28 of Kenya Railways Corporation Act CAP 397: 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, diligence or skill on the part of the Corporation or of any employee:
Provided that nothing herein shall impose upon the Corporation any liability from which it is exempt under this Act or any other written law.
(2) The Corporation shall not in any circumstances be liable for the loss of life of, or for personal injury to, any passenger—
(a) who is travelling, whether with or without permission, in any part of a
train, vessel or vehicle other than parts normally provided for the use of passengers while travelling;
who is travelling on a free pass;
(c) who is travelling over a railway in the course of construction whether with or without permission;
(d) who, at the time the loss of life or injury occurred, is being carried by
any transport service other than one provided by the Corporation or under the control of the Board,
and to avoid liability in accordance with the provisions of this subsection it shall not be necessary for notice to be given to any such passenger of the conditions on which he travels and it shall be immaterial whether or not the passenger is an infant.
(3) The Corporation shall not be liable for the loss of life of, or for personal injury to, any passenger who is carried by the Corporation solely by vessel, or partly by train and vehicle and partly by vessel, when the loss of life or injury occurs during the carriage by vessel and arises from—
(a) act of God;
(b) act of war;
(c) fire or accident from machinery, boilers or steam;
(d) any peril or accident of the inland waterways, or navigation, of whatsoever nature or kind and from whatsoever cause arising,
but subject thereto and to any conditions expressed in the contract of carriage, the Corporation shall be liable for the loss of life or personal injury which occurs during the carriage by vessel, to the extent to which, as owner of such vessel, it would be liable under any law for the time being in force relating to merchant shipping (or to the limitation of liability for loss of life or personal injury upon a vessel in inland waterways) as if the vessel were subject to the provisions of such law and not to any greater extent; and where the Corporation seeks to avoid liability under this subsection, the burden of proving that any such loss of life or injury occurred during the carriage by vessel shall be upon the Corporation:
Provided that nothing in this subsection shall impose upon the Corporation any liability from which it is exempted under this Act or any other written law.
(4) For the purposes of this section the expression “passenger” includes every person, other than an employee on duty, lawfully travelling on any train, vessel or vehicle of the Corporation.

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

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