Section 89 of Kenya Railways Corporation Act CAP 397: 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, the passenger or the person who paid the charge shall be entitled to a refund of the amount of the overcharge;
(b) an undercharge, the Corporation shall be entitled to collect the amount of the undercharge from the passenger or the person who paid the charge:
Provided that such overcharge or undercharge shall not be refunded or collected, as the case may be, unless a notice in writing containing such particulars as may reasonably be necessary is given—
(i) by the person claiming such overcharge to the Managing
Director; or
(ii) by the Managing Director, to the person against whom the amount of such undercharge is claimed,
within six months after the commencement of the passenger’s journey or the acceptance of the goods by the Corporation, as the case may be, so, however, that where such undercharge is caused by any information or description subsequently found to be incorrect such period of six months shall commence from the discovery by the Corporation of the correct information or description.
(2) Where a ticket issued under the provisions of this Act has not been used, a refund of the amount paid for such ticket, shall be given if, within two months of the date of the expiry of the availability of such ticket, a notice in writing containing such particulars as may reasonably be necessary is given to the Managing Director by the person claiming such refund.
(3) Where the person claiming a refund under subsection (1) or subsection (2) proves, to the satisfaction of the Managing Director, that it was impracticable for him to notify the Managing Director of his claim within the times specified in those subsections and that such notification was made or given in reasonable time, nothing in those subsections shall prejudice the right of that person to obtain such refund.
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 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...