Section 67 of Kenya Railways Corporation Act CAP 397: 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 the Corporation;
(ii) is found in any area designated by the Corporation as dangerous by the publication of a notice to that effect; or
(iii) refuses to leave premises occupied by the Corporation, or any train, vessel or vehicle thereof after being lawfully warned to do so by any employee or police officer;
(b) being on any premises occupied by the Corporation or upon any train, vessel or vehicle of the Corporation—
(i) refuses when called upon by an employee or police officer to give his name and address or gives a false name or address for the purpose of avoiding prosecution;
(ii) is in a state of intoxication or behaves in a violent or offensive manner to the annoyance of any other person;
(iii) discharges any firearm or does anything which may cause
injury to any person on such premises or upon such train, vessel or vehicle;
(iv) commits any nuisance or act of indecency or uses profane, obscene, indecent or abusive language;
(v) without lawful excuse contravenes any direction lawfully given by any employee under this Act;
(vi) save with the express permission of the Managing Director
hawks, sells or exposes for sale any article or touts, applies for or solicits custom of any description; or
(vii) smokes in any part of such premises, train, vessel or vehicle bearing a notice that smoking is not permitted in that part;
(c) writes, draws or affixes any profane, obscene, indecent or abusive word, matter, representation or character upon any premises occupied by the Corporation or upon any train, vessel or vehicle of the Corporation;
(d) defaces the writing on any board or any notice authorized to be
maintained upon any premises occupied by the Corporation or upon any train, vessel or vehicle of the Corporation;
(e) damages or without lawful excuse interferes with any property of the Corporation;
(f) without lawful excuse does any act which obstructs, or is likely to obstruct, the free navigation of any inland waterways port or the use of any wharf or dock therein;
(g) without lawful excuse enters or leaves any train, vessel or vehicle of the Corporation while it is in motion or elsewhere than at the place appointed by the Corporation for passengers to enter or leave or opens any outer door of any train while it is in motion;
(h) being a driver or conductor of any vehicle, disobeys while upon premises occupied by the Corporation any reasonable directions given to him in respect of such vehicle by any police officer or, not being an employee of the Corporation, disobeys any such direction given by an authorized employee;
(i) in the absence of a gate-keeper, omits to shut and fasten, if any form of fastener is provided, any gate on any railway belonging to the Corporation as soon as such person and any animal, vehicle or other thing under his charge has passed through the gate;
(j) knowing, or having reason to believe, that a train is approaching, or without having exercised due care to ascertain whether a train is approaching, opens any gate, chain or bar set up on either side of a railway or drives any animal, vehicle or other thing onto or across such railway;
(k) permits or allows any animal to stay on any premises occupied by the Corporation and properly fenced;
(l) fails to deliver at the earliest possible opportunity to any authorized employee any property which there is reason to believe has been lost or forgotten and is found on any premises, train, vessel or vehicle of the Corporation;
(m) wilfully obstructs or impedes an employee of the Corporation in the discharge of his duties;
(n) gives or offers to any employee any money or anything of value for
the purpose of avoiding payment of any sum due to the Corporation;
(o) unlawfully removes any property of the Corporation;
(p) being an employee of the Corporation receives from any passenger
or from any person delivering goods to the Corporation, any amount of money and—
(i) in the case of any amount of money received as a passenger
fare, fails to issue a ticket immediately in respect of such amount of money, and
(ii) in any other case, fails within reasonable time not exceeding half an hour to issue a receipt in respect of such amount of money;
(q) without the permission of an authorized employee travels in or upon
any part of a train, vessel or vehicle of the Corporation other than the part ordinarily provided for passengers during travel; or
(r) contravenes any direction given by a health officer under section 63 of this Act or refuses to answer any question put to him under the provisions of that section or gives in reply thereto any information which is false in a material particular,
shall be guilty of an offence and liable to a fine not exceeding three thousand shillings or to imprisonment for a term not exceeding three months or to both such fine and imprisonment.
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 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...