Section 95 of Kenya Railways Corporation Act CAP 397: 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 whether or not otherwise assignable in law by either party, have effect on and after the commencement of this Act as if made by or on behalf of the Corporation with the other party or parties thereto and as if references therein to the East African Railways Corporation or any employee or authority thereof were references to the Corporation or the corresponding employee or authority of the Corporation.
(2) All the liabilities at law of the East African Railways Corporation which at the commencement of this Act fall wholly to be discharged within Kenya shall thereupon by virtue of this section and without further assignment become the liabilities of the Corporation.
(3) Notwithstanding anything in subsections (1) and (2), the liabilities of the East African Railways Corporation in respect of any money borrowed by it under section 28 of the East African Railways Corporation Act (E.A. Cap. 18) or in respect of any stock issued by that Corporation or charged upon its property shall not become a liability of the Corporation under those subsections but may be dealt with by orders made under subsection (4).
(4) The Minister may, from time to time, after the commencement of this Act by order declare that any property of the East African Railways Corporation or any liabilities or contracts of that Corporation to which subsections (1) and (2) do not apply, or any part or proportion thereof, shall, on a day to be specified in the order, become property, liabilities or contracts of the Corporation subject to such terms or provisions as may be specified in the order, and all such orders shall take effect in Kenya according to their terms.
(5) All legal proceedings pending in Kenya by or against the East African Railways Corporation in respect of any property, liabilities or contracts which become property, liabilities or contracts of the Corporation under this section shall be deemed to continue or be continued by or against the Corporation.
(6) The Tariff Book and all directions, orders, rules, authorizations and other things published, made, given or done by the East African Railways Corporation under the East African Railways Corporation Act (E.A. Cap. 18), or any subsidiary legislation thereunder, subsisting at the commencement of this Act, shall on and after that day be deemed to have been published, given, made or done by the Corporation.
(7) Every person who at the commencement of this Act is an employee of the East African Railways Corporation resident and serving in Kenya (not then being under notice of dismissal or resignation) shall on that day and subject to this Act become an employee of the Corporation on the same terms and conditions.
(8) Every public officer having the power or duty to effect or amend any entry in a register relating to property, or to issue or amend any certificate or other document affecting or evidencing title to property, shall, without payment of fee or other charge and upon request made by or on behalf of the Corporation, do all such things as are by law necessary to give final effect to the transfer of property mentioned in any order made under subsection (4).
(9) Subject to subsection (10), in this section liabilities and contracts which fall wholly to be discharged or performed in Kenya shall include liabilities and contracts in respect of—
(a) goods or services received and utilized or due to be received and utilised in Kenya by the East African Railways Corporation;
(b) a cause of action in tort which arose in Kenya;
(c) only such judgements obtained in Kenya before the commencement of this Act as arise out of liabilities or contracts within subsection (1) or (2).
(10) A liability or contract shall not be deemed to fall wholly to be discharged or performed in Kenya merely by reason of the headquarters of the East African Railways Corporation being or having been in Kenya.
(11) Notwithstanding the provisions of this section, subject to any order made by the Minister under subsection (4) and to the provisions of subsection (7), no liability arising out of any contract of employment entered into by the East African Railways Corporation with any person who is not a citizen of Kenya at the commencement of this Act, including any liability for any retirement or other benefits, shall become a liability of the Corporation.
(12) Notwithstanding anything in this section or in any written law, it shall be lawful for the Corporation pending the vesting of any property by orders made under subsection (4) to manage, operate, use and deal with the property of the East African Railways Corporation in Kenya for any of the purposes of the Corporation as if such property were the property of the Corporation and as if the provisions of this Act applied thereto, but subject to such provisions with regard to that user, including provisions for any financial adjustments or arrangements, as the Minister may from time to time direct; and the Corporation shall have power, subject to any such direction of the Minister, to have recourse to any such property and income arising therefrom for the purpose of meeting any liabilities or obligations of the Corporation or of the East African Railways Corporation, whether or not liabilities or obligations assumed by the Corporation under this section.