Section 84 of Kenya Railways Corporation Act CAP 397: 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 hundred feet of the rails of any railway.
(2) Subject to subsection (1), the Corporation shall be liable for any loss or damage caused by fire from any engine of the Corporation where there is negligence in the working or the construction of such engine.
(3) Subject to subsection (1), the Corporation shall be liable for any loss or damage caused by fire from any engine of the Corporation without proof of any such negligence as is mentioned in subsection (2) if—
(a) such loss or damage is caused to the owner or occupier of any land which is contiguous with land occupied by the Corporation; and
(b) at the time of such loss or damage such owner or occupier maintained upon such land a firebreak in good condition; and
(c) where no firebreak in good condition was maintained at that time by the Corporation, such owner or occupier had given notice in writing of such fact to the Managing Director at least one month prior to the occurrence of such loss or damage; and
(d) the owner or occupier suffering any such loss or damage gives to the Managing Director—
(i) within fourteen days of the occurrence of such loss or damage, notice in writing thereof; and
(ii) within twenty-one days of the occurrence of such loss or damage, particulars in writing of his claim and of the loss or damage suffered by him:
Provided that the maximum compensation payable by the Corporation under the provisions of this subsection shall be two hundred thousand shillings.
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