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Section 36 of Kenya Railways Corporation Act CAP 397: 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 otherwise than for the purpose of carriage;
accepted by the Corporation for carriage where such loss, misdelivery, detention or damage occurs otherwise than while the goods are in transit,
except where the loss, misdelivery, detention or damage is caused by the want of reasonable foresight and care on the part of the Corporation or of any employee: Provided that—
(i) the Corporation shall in no case be liable for the loss, misdelivery, detention or damage arising 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, consignee, or depositor, or of the servant or agent of any such person;
(f) fire, flood, tempest, riots, civil commotions, strikes, lock-outs,
stoppage or restraint of labour from whatever cause whether partial or general;
(g) inherent liability to wastage in bulk or weight, latent or inherent defect, vice or natural deterioration;
(h) deficiency in the contents of unbroken packages; or
(i) insufficient packing or leakage from defective drums,
containers or packages; and
(ii) where the loss, misdelivery, detention or damage occurs—
(a) in relation to goods accepted by the Corporation for carriage otherwise than while the goods are in transit, the limitation of the liability of the Corporation contained in sections 32, 33 and 34, or limited by any contract under section 35, shall continue to apply;
(b) in relation to goods accepted by the Corporation for
warehousing, the limitation of the liability of the Corporation contained in section 34 shall apply.

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