Section 35 of Kenya Railways Corporation Act CAP 397: 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 this section:
Provided that nothing in this section shall apply to a contract for the carriage of goods by vessel.
(2) A contract purporting to limit the liability of the Corporation under this Act for the carriage of goods by the Corporation shall, to the extent to which it purports to limit such liability but not otherwise, be void unless it is in writing signed by or on behalf of the person delivering the goods to the Corporation.
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- 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,...
- Section 86 - Notice of claim
(1) No person shall be entitled to compensation for non-delivery of the whole of a consignment of goods, or of any separate package forming part of such consignment, accepted by the Corporation for...
- Section 87 - Limitation
Where any action or other legal proceeding is commenced against the Corporation for any act done in pursuance or execution, or intended execution, of this Act or of any public duty or authority or in...
- Section 88 - Restriction on execution against property of Corporation
Notwithstanding anything to the contrary in any law—
(a) where any judgment or order has been obtained against the Corporation, no execution or attachment, or process in the nature thereof, shall be...
- Section 89 - Overcharge and undercharge
(1) Where the amount paid for the carriage of any passenger or goods by the Corporation, or for inland waterways ports charges, is found to be incorrect, then if such amount is—
(a) an overcharge,...
- Section 90 - Medical examination of persons claiming compensation
Whenever any person claims compensation against the Corporation in respect of any injury alleged to be suffered by him as a result of the operations of the Corporation, any court or person having by...
- Section 91 - Service of notice, etc., on the managing director
Any notice or other document required or authorised under this Act to be served on the Corporation, or the Managing Director, may be served—
(a) by delivery of the notice or other document to the...
- Section 92 - Service of notice, etc., by the managing director
Any notice or other document required or authorized under this Act to be served on any person by the Corporation or the Managing Director or any employee may be served—
(a) by delivering it to that...
- Section 93 - Regulations
(1) The Minister may make regulations generally with respect to the services performed and the functions provided by the Corporation, for the maintenance of order on any premises occupied by the...
- Section 94 - Application of Community laws
(1) Part V of the East African Railways Corporation Act (E.A. Cap. 18) shall cease to have the force of law in Kenya, except in relation to things done or falling to be done in respect of Kenya before...
- Section 95 - Transitional and savings
(1) Every contract made by or on behalf of the East African Railways Corporation which at the commencement of this Act falls wholly to be performed within Kenya shall, whether or not in writing and...