Section 48 of Kenya Railways Corporation Act CAP 397: 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 known, take all reasonable steps to cause a notice to be served upon him requiring him to remove the goods.
(2) If—
(a) the owner of any goods in the possession of the Corporation is not known and no person appears to be entitled thereto; or
(b) the notice referred to in subsection (1) cannot for any reason be served; or
(c) there has been a non-compliance with the provisions of any notice served under subsection (1),
the Corporation may, within a reasonable time not being less (except in the case of perishable goods) than three months, sell the goods and retain the proceeds of the sale thereof:
Provided that no imported goods shall be sold under this section until they have been entered for home consumption in accordance with the provisions of the customs laws.
Enhance Your Research with Bookmarks and Annotations
Here's how you can use these features:
- To bookmark this page, click the "Bookmark this Page" button below the document title.
- To add an annotation, highlight text in the document and select "Add Annotation" from the toolbar that appears.
- These features are great for organizing your research and keeping track of key information.
- You can view and manage your bookmarks and annotations on your Bookmarks and Annotations page.
- 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...
- Section 96 - Contracts, etc. on behalf of Corporation before commencement of this Act
(1) Any contract made and any act or thing done or purported to be made or done or any act or thing omitted to be done in Kenya on behalf of or in the name of Kenya Railways prior to the incorporation...