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Section 31 of Kenya Railways Corporation Act CAP 397: 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 foresight and care on the part of the Corporation or any employee:
Provided that the Corporation shall not in any circumstances be liable for any loss arising from the delay to, detention of or deviation in the carriage of goods—
(a) where there has been fraud on the part of the consignor;
(b) unless a document acknowledging the receipt of such goods for carriage by the Corporation has been given;
(c) which at the time the delay, detention or deviation 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 delay, detention or deviation arises from insufficient packing or address, riots, civil commotions, strikes, lock-outs, stoppage or restraints of labour from whatsoever cause whether partial or general.

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