Section 38 of Kenya Railways Corporation Act CAP 397: 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 different cases; and such conditions shall be published in the Tariff Book and shall, subject as aforesaid, have effect from the date of such publication or from such later date as may be specified therein;
(b) determine the rates, fares and charges for the carriage of passengers and luggage by the Corporation and such rates, fares and charges shall be published in the Tariff Book and shall, subject as aforesaid, have effect from the date of such publication or from such later date as may be specified therein:
Provided that provision shall be made for the carriage of a specified amount of baggage by a passenger free of charge, and different amounts may be determined for passengers travelling by different classes;
(c) determine the different classes of accommodation available to passengers in trains, vessels or vehicles of the Corporation.
(2) Notwithstanding the provision of subsection (1), the Corporation may, in relation to the special circumstances of any particular case, determine conditions, rates, fares and charges applicable to such case for the carriage of passengers and luggage by the Corporation and such conditions, rates, fares and charges shall have immediate effect in relation to such case: Provided that—
(i) such conditions, rates, fares and charges shall as soon as practicable after such determination be published in the Tariff Book; and
(ii) the determination of such conditions, rates, fares and charges shall not of itself constitute an undue preference under paragraph (e) of section 8(2).
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