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Section 30 of Kenya Railways Corporation Act CAP 397: 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 proves that such loss, misdelivery or damage, arose from—
(a) act of God;
(b) act of war;
(c) seizure under legal process;
(d) act or order of the Government;
(e) act or omission of the consignor, his servant or agent;
(f) inherent liability to wastage in bulk or weight, latent or inherent defect, vice or natural deterioration of the goods; or
(g) casualty including fire or explosion:
Provided that where the loss, misdelivery or damage occurs in any of the cases specified in this subsection due to the failure of the Corporation, or of any employee, to use reasonable foresight and care in the carriage of goods, the Corporation shall not be relieved from liability for such loss, misdelivery or damage.
(2) The Corporation shall not be liable for loss, misdelivery or damage in respect of goods in relation to which an account false in any material particular has been given under section 46 or any incorrect or insufficient address for delivery has been given and such loss, misdelivery or damage is in any way caused by such false account or incorrect or insufficient address.
(3) The Corporation shall not in any circumstances be liable for loss, misdelivery or damage in respect of goods—
(a) where there has been fraud on the part of the consignor;
(b) unless a document acknowledging receipt of such goods for carriage by the Corporation has been given;
(c) which at the time loss, misdelivery or damage occurred are being carried by any transport service other than one provided by the Corporation or under the control of the Corporation;
(d) where there is a loss of a particular market whether held daily or at intervals; or
(e) where the loss, misdelivery or damage arises from insufficient or improper packing or from riots, civil commotion, strikes, lock-outs, stoppage or restraint of labour from whatsoever cause whether partial or general, and
nothing in subsection (1) shall impose on the Corporation any liability from which it is exempted under this Act or any other written law.
(4) The Corporation shall not be liable for loss of, or damage to, goods carried by the Corporation solely by vessel, or partly by train and vehicle and partly by vessel, when the loss of, or damage to, goods carried by the Corporation occurs during the carriage by vessel and arises from—
(a) act of God;
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 contract of carriage, the Corporation shall be liable for any such loss or damage 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, or damage to, goods 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 or damage 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.

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