Section 73 of Kenya Railways Corporation Act CAP 397: 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
(b) delivers any such goods to the Corporation for carriage or warehousing, shall be guilty of an offence and liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding twelve months or to both.
(2) Any person who is convicted of an offence under this section shall also be responsible for any loss, injury or damage which may be caused by reason of such goods having been so taken upon the train, vessel or vehicle or delivered to the Corporation for carriage or warehousing; and the court which convicts such offender may order him to pay the amount of any such loss, injury or damage to the person suffering it and in default of such payment may impose a further term of imprisonment not exceeding six months.
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- 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...