Kenya Railways Corporation Act Cap 397 in Kenya

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Search Results...

87 sections

• Section 71 of Kenya Railways Corporation Act CAP 397: 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 ticket or free pass; or (c) with intent to defraud, utters or in any way publishes any such forged,...

  
  
• Section 72 of Kenya Railways Corporation Act CAP 397: 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 purposes of the Corporation under this Act shall be guilty of an offence and liable to a fine not...

  
  
• 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...

  
  
• Section 74 of Kenya Railways Corporation Act CAP 397: 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 in any material particular, shall be guilty of an offence and liable to a fine not exceeding three...

  
  
• Section 75 of Kenya Railways Corporation Act CAP 397: 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 rule given to such employee or made in respect of his service; (c) by being under the influence of...

  
  
• Section 76 of Kenya Railways Corporation Act CAP 397: 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 from any person making use of the facilities provided by the Corporation, any greater or lesser amount...

  
  
• Section 77 of Kenya Railways Corporation Act CAP 397: 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 whose duty it is to make the arrest shall— (a) request the head of the department of such employee to...

  
  
• Section 78 of Kenya Railways Corporation Act CAP 397: 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 thereupon, with the least possible delay, be taken before a magistrate having jurisdiction to try him or to...

  
  
• Section 79 of Kenya Railways Corporation Act CAP 397: 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 and dismissal, as it may think fit. (2) The Managing Director may, by notice in writing, authorize...

  
  
• Section 80 of Kenya Railways Corporation Act CAP 397: 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 premises of the Corporation were occupied by him, it shall be the duty of such employee, or, in the...

  
  
• Section 81 of Kenya Railways Corporation Act CAP 397: 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 relating to— (a) the grant of pensions, gratuities and other retiring allowances to employees and...

  
  
• Section 82 of Kenya Railways Corporation Act CAP 397: 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 notification thereof, of the Board or the Managing Director under this Act may be signified under the hand...

  
  
• Section 83 of Kenya Railways Corporation Act CAP 397: 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 shall be entitled to such compensation therefor as may be agreed between him and the Corporation or...

  
  
• 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...

  
  
• Section 85 of Kenya Railways Corporation Act CAP 397: 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, misdelivery, damage, detention, delay or deviation was caused.

  
  
• Section 86 of Kenya Railways Corporation Act CAP 397: 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 carriage or warehousing unless a claim in writing, giving such particulars as may reasonably be...

  
  
• Section 87 of Kenya Railways Corporation Act CAP 397: 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 respect of any alleged neglect or default in the execution of this Act or of any such duty or...

  
  
• Section 88 of Kenya Railways Corporation Act CAP 397: 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 issued against the Corporation or against any immovable property of the Corporation or any of its...

  
  
• 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...

  
  
• Section 90 of Kenya Railways Corporation Act CAP 397: 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 law, or consent of the parties, authority to determine the claim may order that the person injured be...

  
  
• Section 91 of Kenya Railways Corporation Act CAP 397: 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 Managing Director or to any authorized employee; or (b) by leaving it at the office of the Managing...

  
  
• Section 92 of Kenya Railways Corporation Act CAP 397: 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 person; (b) by leaving it at the usual or last known place of abode of that person; or (c) by...

  
  
• Section 93 of Kenya Railways Corporation Act CAP 397: 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 Corporation or in any inland waterways port or any train, vessel or vehicle of the Corporation and,...

  
  
• Section 94 of Kenya Railways Corporation Act CAP 397: 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 the commencement of this Act. (2) All regulations and orders made or deemed to be made under...

  
  
• 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...

  
  
• Section 96 of Kenya Railways Corporation Act CAP 397: 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 of the Corporation under this Act by any person acting in good faith and with due or apparent...