Kenya Railways Corporation Act

This Act may be cited as the Kenya Railways Corporation Act.

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Jurisdiction: Kenya
Instrument: Act or statute
Citation: Cap. 397
Version: 31 Dec 2022
Language: en
Official source: View official record ↗

Source attribution: Source: Kenya Law

Statute overview

About this statute

This Act may be cited as the Kenya Railways Corporation Act. Section 2 provides definitions of terms used in the Act (for example, "animals", "goods", "perishable goods", "ticket", "warehouse", and others) and rules for when goods cease to be in transit. Establishes a Corporation called Kenya Railways; states it is a body corporate with perpetual succession and a common seal, gives it power to sue, to be sued, and to acquire, hold and dispose of movable and immovable property for its purposes; headquarters at Nairobi. Chairperson of the Board appointed by the Cabinet Secretary. Cabinet Secretary appoints the Managing Director after consulting the Board and determines that director's terms in writing; the Board appoints a deputy managing director and a secretary whose terms are determined under sections 79 and 81.

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Legal text

Provisions of Kenya Railways Corporation Act

Showing 97 of 97

Part I

PRELIMINARY

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PRELIMINARY - 1. Short title
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AI-assisted research summary: This Act may be cited as the Kenya Railways Corporation Act.

Section 1. Short title Section This Act may be cited as the Kenya Railways Corporation Act.
2
PRELIMINARY - 2. Interpretation
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AI-assisted research summary: Section 2 provides definitions of terms used in the Act (for example, "animals", "goods", "perishable goods", "ticket", "warehouse", and others) and rules for when goods cease to be in transit.

Section 2. Interpretation Section 2(1) In this Act, unless the context otherwise requires— "animals" means animate things of every kind except human beings; "authorized employee" means an employee authorized by the Managing Director to exercise the powers or perform the duties in respect of which the expression is used; "beacon" includes a light, mark or other structure erected by the Corporation for the purpose of navigation on inland waterways; "booking office" means a place at which tickets may be obtained or charges paid to the Corporation; "Chairperson" means the Chairperson of the Board appointed under section 4 ; "charges" means all sums received or receivable, charged or chargeable, for, or in respect of, the carriage or warehousing of goods by the Corporation or for, or in respect of, any vessel or inland waterways port or any other service performed or facilities provided by the Corporation; "consignee" means the person, firm or body to whom goods accepted for carriage by the Corporation are addressed; "consignment" means one or more packages of goods or a quantity of loose goods tendered for carriage by one consignor to one consignee by the Corporation; "consignor" means the person who has tendered goods which have been accepted for carriage by the Corporation; "customs law" means any law in force imposing or relating to the collection of customs or excise duties or transfer tax; "employee" means any person in the service of the Corporation; "fare" includes all sums received or receivable, charged or chargeable, for the carriage of a passenger by the Corporation; "ferry" means any vessel plying from one side of a waterway to the other for the purpose of the carriage of passengers or goods; "firebreak" means any strip of land, whether under trees or not, which has been cleared of inflammable matter to prevent the spread of fire, and which is not less than thirty feet (measured from the boundary of the land upon which a railway is constructed) in width, or of such other dimensions or sited at such places as may have been agreed upon between the Managing Director and the owner or occupier of the land contiguous to any land occupied by the Corporation on which a railway is constructed; "free pass" means an authority in writing for the carriage by the Corporation without the payment of any fare of any person as a passenger; "goods" includes luggage, animals (whether alive or dead) and all other movable property of any description; "inland waterways ports" means the ports specified in the Third Schedule; "luggage" means such articles of personal apparel or for personal use, together with their containers, as are usually carried by passengers for their personal use, but does not include goods which, though carried in any such container or otherwise, are not intended for any such use; "Managing Director" means the Managing Director of the Corporation appointed under section 5 ; "master", in relation to a vessel, means any person having charge of that vessel; "perishable goods" means goods liable to rapid deterioration and includes fish, fruit, vegetables, potatoes, plants, bread, meat, game, butter, eggs, milk, cheese, birds, poultry, small animals, and any other thing which the Managing Director may by notice in the Gazette declare to be perishable goods; "railway" means the whole or any portion of the lines of railway operated by the Corporation and all other movable and immovable property used, or placed at the disposal of the Corporation for use, in connection therewith; "railway station" includes a road service station operated by the Corporation to serve the railway; "rates" includes all sums which may, under the provisions of this Act, be levied for, or in respect of, the carriage or warehousing of goods by the Corporation or for, or in respect of, any vessel or inland waterways port or any other service performed or facility provided by the Corporation; "season ticket" means a ticket entitling the person to whom it is issued to be carried by the Corporation as a passenger between the places specified thereon on the number of occasions or during the period specified thereon; "Tariff Book" means the Tariff Book prepared and published in accordance with section 51 ; "the purposes of the Corporation" means any purposes necessary or desirable for the performance of the services, or the provision of any facilities, which the Corporation is authorized to perform under this Act; "ticket" includes a single ticket, a return ticket, a season ticket, and any other written authority (not a free pass) for the carriage of a person by the Corporation as a passenger; "trains" includes locomotive engines, tenders, motors, coaches, wagons, trolleys and rolling stock of all kinds used, whether separately or in conjunction, on a railway; "vehicle" means any vehicle other than a train or vessel; "warehouse" includes any building, place, wagon, vessel or vehicle when used by the Corporation for the purpose of warehousing or depositing goods; "watercourse" means any river, stream, drain, gully, canal or other channel, whether artificial or not, in which water flows whether constantly or intermittently; "waterworks" includes boreholes, wells, reservoirs, dams, weirs, tanks, cisterns, conduits, aqueducts, pipes, hydrants, taps, pumps, engines and all other structures, plant and appliances used or constructed for obtaining, storing, purifying, conveying, distributing, measuring or regulating water. Section 2(2)(i) where such goods are delivered to the consignee within the period of twenty-four hours, the goods shall cease to be in transit as from the time when they are delivered; Section 2(2)(ii) where such goods are perishable goods and the Corporation, in the exercise of its powers under this Act, disposes of those goods within the period of twenty-four hours, the goods shall cease to be in transit as from the time when they are so disposed of; Section 2(2)(iii) where the goods are, in respect of their carriage by the Corporation, consigned to a place at which the Corporation does not maintain any staff for the receipt thereof, the goods shall cease to be in transit as from the time when they arrive at such place; Section 2(2)(iv) where the goods are consigned for delivery to a place other than a railway station by means of a delivery service operating from a railway station or inland waterways port by the Corporation and such goods cannot, due to causes beyond the control of the Corporation, be delivered at such place within twenty-four hours after the time of their arrival at the railway station or inland waterways port from which the delivery service is operated, such goods shall cease to be in transit after the time when such goods are tendered for delivery at such place or after the expiry of twenty-four hours after the time of their arrival at the railway station or inland waterways port from which the delivery service is operated, whichever is the earlier. Section 2(3)(a) "premises occupied by the Corporation" means premises vested in or placed at the disposal of the Corporation for the purpose of the Corporation; Section 2(3)(b) "property of the Corporation" means property vested in the Corporation for the purpose of the Corporation; Section 2(3)(c) "the possession of the Corporation" means the possession by any employee in the course of his duty; Section 2(3)(d) "carried by the Corporation" means carried by the Corporation in accordance with the provisions of this Act; Section 2(3)(e) "accepted by the Corporation" means accepted by an employee or agent of the Corporation for carriage or warehousing by the Corporation in accordance with the provisions of this Act: Provided that acceptance shall not be deemed to have been effected until a document of receipt in respect of the goods accepted, signed by an authorized employee or agent of the Corporation, has been issued; Section 2(3)(f) "services or facilities provided by the Corporation" means services performed or facilities provided by the Corporation in accordance with the provisions of this Act; Section 2(3)(g) "operated by the Corporation" means operated by the Corporation in accordance with the provisions in this Act; Section 2(3)(h) "vessel or vehicle of the Corporation" includes a vessel or vehicle operated on behalf of the Corporation.

Part II

ESTABLISHMENT OF THE CORPORATION

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ESTABLISHMENT OF THE CORPORATION - 3. Incorporation of Kenya Railways
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AI-assisted research summary: Establishes a Corporation called Kenya Railways; states it is a body corporate with perpetual succession and a common seal, gives it power to sue, to be sued, and to acquire, hold and dispose of movable and immovable property for its purposes; headquarters at Nairobi.

Section 3. Incorporation of Kenya Railways Section 3(1) There shall be established a Corporation to be known as Kenya Railways, in this Act referred to as the Corporation. Section 3(2) The Corporation shall be a body corporate with perpetual succession and a common seal and shall have power to sue and be sued in its corporate name and to acquire, hold and dispose of movable and immovable property for the purposes of the Corporation. Section 3(3) The headquarters of the Corporation shall be at Nairobi.

Part III

MANAGEMENT OF THE CORPORATION

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MANAGEMENT OF THE CORPORATION - 4. Board of Directors
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AI-assisted research summary: Chairperson of the Board appointed by the Cabinet Secretary.

Section 4. Board of Directors Section a Chairperson of the Board appointed by the Cabinet Secretary;
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MANAGEMENT OF THE CORPORATION - 5. Managing director, deputy and secretary
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AI-assisted research summary: Cabinet Secretary appoints the Managing Director after consulting the Board and determines that director's terms in writing; the Board appoints a deputy managing director and a secretary whose terms are determined under sections 79 and 81.

Section 5. Managing director, deputy and secretary Section 5(1) There shall be a Managing Director of the Corporation who shall be appointed by the Cabinet Secretary after consultation with the Board and whose terms and conditions of service shall be determined by the Cabinet Secretary in the instrument of appointment or otherwise in writing from time to time. Section 5(2) The Board shall appoint a deputy managing director and a secretary of the Corporation whose terms and conditions of service shall be determined under sections 79 and 81 .
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MANAGEMENT OF THE CORPORATION - 6. Further provisions
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AI-assisted research summary: The First Schedule shall have effect with respect to the constitution or organization of the Board and otherwise in relation thereto.

Section 6. Further provisions Section The First Schedule shall have effect with respect to the constitution or organization of the Board and otherwise in relation thereto.
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MANAGEMENT OF THE CORPORATION - 7. Remuneration of directors
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AI-assisted research summary: The Corporation must pay directors remuneration, fees or allowances as determined by the Cabinet Secretary, but must not pay those amounts to directors who are public officers receiving a salary.

Section 7. Remuneration of directors Section The Corporation shall pay to the directors such remuneration, fees or allowances for expenses as may be determined by the Cabinet Secretary: Provided that no remuneration, fees or allowances for expenses shall be paid to any director who is a public officer in receipt of a salary.

Part IV

FUNCTIONS AND POWERS OF THE CORPORATION

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FUNCTIONS AND POWERS OF THE CORPORATION - 10. Powers of the Managing Director
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AI-assisted research summary: The Managing Director has the power to establish and operate rail, road and inland waterways transport services and related facilities.

Section 10. Powers of the Managing Director Section establish and operate rail, road and inland waterways transport services and facilities relating thereto;
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FUNCTIONS AND POWERS OF THE CORPORATION - 11. Powers of the Board
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AI-assisted research summary: The Board has the power to approve minor alterations in tariffs, rates, fares and other charges.

Section 11. Powers of the Board Section approve any minor alteration in tariffs, rates, fares and other charges;
11A
FUNCTIONS AND POWERS OF THE CORPORATION - 11A. Concessioning of the railways
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AI-assisted research summary: The Board may enter into an agreement to have a person perform its functions or exercise its powers, and the Board must appoint that person through competitive tendering in accordance with applicable procurement law.

Section 11A. Concessioning of the railways Section 11A(1) Notwithstanding any other provision of this Act, the Board may enter into an agreement with a person appointed in accordance with this section, for the performance of any of its functions or the exercise of any of its powers under this Act by that person. Section 11A(2) An agreement under subsection (1) may take the form of a concession, lease or management contract. Section 11A(3) The Board shall appoint the person for the purposes of an agreement under this section (hereafter referred to as "the appointed person") through competitive tendering in accordance with the law for the time being applicable to the procurement of public services. Section 11A(4)(a) be subject to the approval of the Cabinet Secretary; Section 11A(4)(b) specify the functions or powers of the Board to be performed or exercised, as the case may be, by the appointed person and those to remain the responsibility of the Board during the term of the agreement; Section 11A(4)(c) set out the terms and conditions applicable to the transfer of any of the employees of the Corporation recruited by the appointed person for the purposes of the agreement; and Section 11A(4)(d) without prejudice to the generality of paragraph (b), provide for the operation, maintenance, rehabilitation and development of the railway and associated infrastructure of the Corporation. Section 11A(5) Where a function or power of the Board is conferred on the appointed person by virtue of an agreement under this section, the performance of the function or the exercise of the power by that person shall be deemed to be under the authority of this Act. [Act No. 5 of 2005 , s. 4.]
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FUNCTIONS AND POWERS OF THE CORPORATION - 12. Powers of the Cabinet Secretary
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AI-assisted research summary: The Cabinet Secretary has the power to give general directions to the Board about the Corporation's operations.

Section 12. Powers of the Cabinet Secretary Section give directions of a general nature to the Board relating to the operation of the undertaking of the Corporation;
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FUNCTIONS AND POWERS OF THE CORPORATION - 13. Powers of the Corporation as a statutory body
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AI-assisted research summary: Section 13 enumerates the statutory powers of the Corporation, including carrying goods and passengers by rail, road and inland waterways; towage, protection or salvage of life and property; storage and consigning of goods; provision of hotels, accommodation and amenities; construction, improvement and operation of transport infrastructure and works; acquisition, manufacture, maintenance or repair of plant and equipment; supplying water or electric energy; altering watercourses or roads with Cabinet Secretary approval; determining and levying rates, fares, charges, dues or fees; entering commercial agreements and arrangements (including joint use of facilities, secondment of staff, financing and research); holding shares and establishing subsidiaries; and other related powers necessary or desirable for the Corporation's purposes.

Section 13. Powers of the Corporation as a statutory body Section 13(1)(a) to carry goods and passengers by rail, road and inland waterways within Kenya; Section 13(1)(b) for the towage, protection or salvage of life and property; Section 13(1)(b)(i) for the towage, protection or salvage of life and property; Section 13(1)(b)(ii) for the carriage of goods and passengers; Section 13(1)(c) to store goods within Kenya, whether or not such goods have been, or are to be, carried by the Corporation; Section 13(1)(d) to consign goods on behalf of other persons from any place within Kenya to any other place whether within Kenya or elsewhere; Section 13(1)(e) to provide within Kenya, both for the passengers carried by the Corporation and other persons, hotels, other living accommodation and places of refreshment; Section 13(1)(f) to provide within Kenya such other amenities or facilities for passengers carried by the Corporation and other persons making use of the services performed or the facilities provided by the Corporation as may appear to the Board necessary or desirable. Section 13(2)(a) to construct or improve any railway, inland waterways port, ferry, road, bridge, building or any other necessary or desirable works required for the purposes of the Corporation; Section 13(2)(b) to operate trains and to acquire, construct, manufacture, maintain or repair anything required for the purposes of the Corporation; Section 13(2)(c) to carry on any business necessary or desirable to be carried on for the purposes of the Corporation and to act as agent for any services of the Government in the provision of any agreed function; Section 13(2)(d) to acquire, construct, manufacture, maintain or repair waterways or electric generating plant or any other works, plant or apparatus necessary or desirable for the supply or transmission of water or of electric energy for the purposes of the Corporation and to supply any such water or electric energy to any person; Section 13(2)(e) subject to the approval of the Cabinet Secretary in charge thereof, to alter the course of, or raise or lower the level of, any watercourse or road if such alteration, raising or lowering is necessary for the purposes of the Corporation; Section 13(2)(f) to determine, impose and levy rates, fares, charges, dues or fees for any service performed by the Corporation or for the use by any person of the facilities provided by the Corporation or for the grant to any person of any licence, permit or certificate; Section 13(2)(g) the use by any person of the services performed, or the facilities provided, by the Corporation; Section 13(2)(g)(i) the use by any person of the services performed, or the facilities provided, by the Corporation; Section 13(2)(g)(ii) the presence of any person, vessel, vehicle or goods within any inland waterways port or on any premises occupied by the Corporation for the purposes of the Corporation; Section 13(2)(h) to sell, let or otherwise dispose of any property, movable or immovable, which in the opinion of the Board is not necessary for the purposes of the Corporation: Provided that the Corporation shall not sell, let or otherwise dispose of any building or land placed at its disposal by the Government otherwise than with the consent of, and on conditions agreed by, the Government; Section 13(2)(i) to provide houses and other accommodation for employees; Section 13(2)(j) to act as agent for any person engaged, whether within Kenya or elsewhere, in the performance of the services or the provision of facilities of a kind similar, or complementary to, those performed or provided by the Corporation; Section 13(2)(k) for the supply, construction, manufacture, maintenance or repair by that person of any property, movable or immovable, necessary or desirable for the purposes of the Corporation; Section 13(2)(k)(i) for the supply, construction, manufacture, maintenance or repair by that person of any property, movable or immovable, necessary or desirable for the purposes of the Corporation; Section 13(2)(k)(ii) for the performance or provision by that person of any of the services or the facilities which may be performed or provided by the Corporation; Section 13(2)(k)(iii) for the payment, collection or apportionment of any fares, rates, charges or other receipts arising out of the performance or the provision by that person of any such services or facilities and, for such purposes, to finance or assist in financing the activities of the person, whether by way of loan, the holding of stocks, shares or securities, the guaranteeing of interest or the retention of any stocks, shares or securities or otherwise; Section 13(2)(l) to enter into an agreement with any person carrying on business as a carrier of passengers or goods, whether within Kenya or elsewhere, providing for the carriage of passengers or goods, by or on behalf of the Corporation, and of that person, under one contract or at a through fare or rate; Section 13(2)(m) to hold shares in any company or other body and to establish or acquire any subsidiary company; and Section 13(2)(n) the use by either party of the facilities or equipment maintained by the other; Section 13(2)(n)(i) the use by either party of the facilities or equipment maintained by the other; Section 13(2)(n)(ii) the temporary employment of staff of one party by the other on secondment or otherwise; Section 13(2)(n)(iii) the charges made in respect of the use of any service or facility to which the arrangement or agreement relates; Section 13(2)(n)(iv) the financing of any project by either or both parties; Section 13(2)(n)(v) research connected with any existing service or facility provided by either party or in relation to any service or facility under consideration; and Section 13(2)(n)(vi) the joinder in the arrangement or agreement by any other person. Section 13(3) For the avoidance of doubt it is hereby declared that subsections (1) and (2) relate only to the capacity of the Corporation as a statutory corporation and nothing in those provisions shall be construed as authorizing the disregard by the Corporation of any law. Section 13(4) The powers conferred on the Corporation under this section to construct or execute any work shall empower the construction or execution of such works on land vested in the Corporation or on land placed at its disposal by the Government for the purposes of the Corporation or, in the case of land not so vested in, or placed at the disposal of, the Corporation, only with the agreement of the owner of the land on which such works are to be constructed or executed, and where any land is required by the Corporation for the purposes of the Corporation, the Corporation shall proceed in accordance with section 14 . [Act No. 5 of 2005 , s. 6.]
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FUNCTIONS AND POWERS OF THE CORPORATION - 14. Acquisition of land for the purposes of the Corporation
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AI-assisted research summary: Section 14 gives the Corporation power to acquire land by negotiation if not public land, requires notification to the Cabinet Secretary when acquisition by agreement fails or the land is public, authorises the Cabinet Secretary and President to place or acquire land for the Corporation, obliges the Corporation to pay compensation in certain cases, and permits the Corporation to surrender or transfer surplus land subject to surrender of former public or trust land to Government unless the Cabinet Secretary consents.

Section 14. Acquisition of land for the purposes of the Corporation Section 14(1)(a) if such land is not public land, acquire such land through negotiation and agreement with the registered owner thereof: Provided that, notwithstanding the provisions of section 6 of the Land Control Act ( Cap. 302 ), the ensuing transaction shall not require the consent of a land control board if the land to be acquired is agricultural land; or Section 14(1)(b) if such land is public land, or if the Corporation is unable to acquire it by agreement in accordance with paragraph (a) of this subsection, notify the Cabinet Secretary responsible for public lands that the land specified in the notice is required for the purposes of the Corporation. Section 14(2)(a) if the land is public land, the Cabinet Secretary responsible for Lands may, in his discretion and upon such terms and conditions as he may think fit, place such land at the disposal of the Corporation for the purposes of the Corporation; Section 14(2)(b) if the land is not public land, any provision in any written law which empowers the President or the Cabinet Secretary responsible for Lands to acquire or direct the acquisition of such land for any specific purpose shall be deemed to include a power enabling the President or the Cabinet Secretary responsible for lands to acquire or direct the acquisition of such land for the purposes of the Corporation. Section 14(3) Where any compensation is payable to any person in respect of any land specified in the notice given under subsection (1)(b) acquired by the President or the Cabinet Secretary responsible for lands, and such land after being so acquired is placed at the disposal of the Corporation in accordance with subsection (2)(a), the amount of the compensation payable to that person, in accordance with the provisions of the law under which the land was acquired, shall be paid by the Corporation. Section 14(4) The Corporation may at any time convey, transfer or surrender any land surplus to both its existing and future requirements by a conveyance or a deed of surrender either for, or without, consideration: Provided that land which was public land or trust land shall be surrendered to the Government and shall not be conveyed or transferred to any other person unless the Cabinet Secretary responsible for lands shall consent and so direct. Section 14(5) The provisions of subsection (4) shall apply to land vested in the Corporation by any written law, including this Act, as well as to land conveyed to it or otherwise placed at its disposal. Section 14(6) In this section— "public land" means all public land in Kenya, excluding trust land, which is vested in the Government for public purposes or for the purposes of the Corporation or its predecessors in title, and for the purposes of the proviso to subsection (4) includes land previously so vested; "trust land" means land which is or which was previously vested in a County Council by virtue of section 115 of the Constitution or any previous written law.
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FUNCTIONS AND POWERS OF THE CORPORATION - 15. Power to enter land to survey, etc.
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AI-assisted research summary: Section 15 grants power to enter land to survey, to excavate and take materials (earth, stone, gravel), to cut and take timber, and entitles owners or occupiers to compensation where materials are taken or damage is caused by exercise of these powers.

Section 15. Power to enter land to survey, etc. Section 15(1)(a) any land and survey such land or any portion thereof; Section 15(1)(b) excavate, take away and use any earth, stone, gravel or similar materials out of such land; Section 15(1)(b)(i) excavate, take away and use any earth, stone, gravel or similar materials out of such land; Section 15(1)(b)(ii) cut, take away and use any timber on such land. Section 15(2) Where any materials or timber are taken away in, or any damage is caused by reason of, the exercise of the powers conferred by this section, the owner or occupier of the land shall be entitled to compensation therefor in accordance with this Act.
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FUNCTIONS AND POWERS OF THE CORPORATION - 16. Power to enter land to prevent accidents, etc.
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AI-assisted research summary: The Corporation may enter land to cut down or remove trees or other obstructions and carry out works to prevent or repair accidents; it may apply to the High Court for demolition, modification or reimbursement where a building obscures signals unless the builder has prior approval or has modified the building to the Managing Director's satisfaction.

Section 16. Power to enter land to prevent accidents, etc. Section 16(1)(a) cut down or remove any tree or other obstruction not being a building, which obscures the view of any fixed signal or beacon or which is likely to cause any obstruction or danger to any such transport service; and Section 16(1)(b) execute such other works as may be necessary to prevent the occurrence of any accident or to repair any damage caused as a result of any accident. Section 16(2) If any tree or other obstruction cut down or removed under subsection (1)(a) came into existence subsequent to the transport services being provided at that place then no compensation shall be payable in respect of such entry or the cutting down or removal of such tree or other obstruction. Section 16(3) Where any person erects any building which obscures the view of a fixed signal or is likely to cause any obstruction or any danger to any rail or transport service provided by the Corporation, the Corporation may, unless such person has previously obtained the approval of the Managing Director to the erection of such building or has modified it to the satisfaction of the Managing Director, apply to a judge of the High Court for an order for the demolition or modification of such building or, as the case may require, for the payment of the Corporation of the cost incurred in resiting or replacing any signalling or other equipment which is necessary to prevent such obstruction or danger and the court, at its discretion, may grant such order and may make such order as to the payment of compensation and costs as it thinks fit.
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FUNCTIONS AND POWERS OF THE CORPORATION - 17. Power to enter land to alter position of pipes, etc.
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AI-assisted research summary: The Corporation or an authorized employee may enter land and alter positions of pipes, wires or drains for its purposes; such authority may appoint a representative; the Corporation must arrange maintenance/continuity of supplies and communications during the work; persons harmed by exercise of these powers are entitled to compensation; the section excludes oil pipelines owned or operated by the Kenya Pipeline Company Limited.

Section 17. Power to enter land to alter position of pipes, etc. Section 17(1) Subject to this section the Corporation, or any authorized employee may, for the purposes of the Corporation, enter upon any land and alter the position of any pipe for the supply of gas, oil, water or compressed air or the position of any electric telephone or telegraphic wire or the position of any drain. Section 17(2)(a) such authority or person may authorize a representative to superintend such work and may require the Corporation to execute such work to the satisfaction of such representative; Section 17(2)(b) the Corporation shall make arrangements for the maintenance of the supply of gas, oil, water, compressed air or electricity, for the continuance of the telephone or telegraph communications or for the maintenance of the drainage, as the case may be, during the execution of such work. Section 17(3) Where any damage is caused by reason of the exercise of the powers conferred by this section, the person suffering such damage shall be entitled to compensation therefor in accordance with this Act. Section 17(4) This section shall not apply to any oil pipeline owned or operated by the Kenya Pipeline Company Limited.
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FUNCTIONS AND POWERS OF THE CORPORATION - 18. Power to take water
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AI-assisted research summary: Power to take water

Section 18. Power to take water Section if there is any law regulating the taking of any such water, to the provisions of that law;
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FUNCTIONS AND POWERS OF THE CORPORATION - 19. Provision of transport services, etc., other than by the Corporation
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AI-assisted research summary: No rail transport services shall be provided.

Section 19. Provision of transport services, etc., other than by the Corporation Section no rail transport services shall be provided; and
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FUNCTIONS AND POWERS OF THE CORPORATION - 20. Accommodation works
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AI-assisted research summary: The Board may provide crossings, bridges or other works when, in the opinion of the Board, they are necessary to make good interruptions to land use caused by railway construction.

Section 20. Accommodation works Section such crossings, bridges or other works as, in the opinion of the Board, are necessary for the purpose of making good any interruption caused by the construction of the railway to the use of the lands through which the railway is constructed;
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FUNCTIONS AND POWERS OF THE CORPORATION - 21. Additional accommodation works
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AI-assisted research summary: If the owner or occupier of land on which a railway is built wants accommodation works beyond those (if any) the Corporation constructed under section 20, this provision addresses that situation.

Section 21. Additional accommodation works Section the owner or occupier of any lands on which a railway is constructed desires any accommodation works in addition to those, if any, constructed by the Corporation under section 20 ; or
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FUNCTIONS AND POWERS OF THE CORPORATION - 22. Constructions of railway crossing public road
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AI-assisted research summary: The Cabinet Secretary responsible for public lands may require the Corporation to build railway crossings so they do not cross public roads at grade and to carry out necessary safety works; the Corporation must comply, and the Cabinet Secretary must consult the Corporation and the road authority before requiring works.

Section 22. Constructions of railway crossing public road Section 22(1) Where, in the exercise of powers under this Act, the Corporation proposes to construct a railway across a public road, the Cabinet Secretary responsible for public lands may, subject to subsection (3), require the Corporation to construct the railway in such a manner that it does not cross such road on the level and to execute such other works as may be necessary for the safety of the public and the Corporation shall comply with such requirements. Section 22(2)(a) to erect such gates; or Section 22(2)(b) to raise or lower the level of the public road so that it crosses the railway above or below and not on the level, Section 22(3) The Cabinet Secretary responsible for public lands shall, before making any requirement under this section, communicate with the Corporation and the authority responsible for the maintenance of such public roads and shall take into consideration any representations made by the Corporation or that authority. Section 22(4) Where, as a result of a requirement made by the Cabinet Secretary responsible for public lands under this section, any works are to be constructed by the Corporation, then the manner of the construction of such works and the apportionment of the cost of construction and maintenance thereof shall be determined by agreement between the Corporation and the authority responsible for the maintenance of the public road, or if no such agreement is reached it shall be determined by the Cabinet Secretary.
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FUNCTIONS AND POWERS OF THE CORPORATION - 23. Certification of a new railway
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AI-assisted research summary: A Chief Engineer or qualified person appointed by the Managing Director must certify that a section of a new railway meets the Corporation's standards before it is declared open; once that certificate is furnished, the Corporation may declare the section open by Gazette. The Corporation may carry passengers or goods during construction but, in that case, is not liable for death, injury, loss or damage arising in the course of such carriage. "New railway" excludes diversions or re-alignments of existing track.

Section 23. Certification of a new railway Section 23(1) Before any section of a new railway is declared open for the public carriage of passengers or goods, the Chief Engineer of the Corporation or such other qualified person as the Managing Director may appoint in that behalf shall furnish a certificate that such section complies with the standards laid down by the Corporation and may, in the opinion of such engineer or other person, be opened for the public carriage of passengers or goods without danger to the public; and upon such certificate being furnished, the Corporation may by notice in the Gazette declare the section to which the certificate refers to be open for such purposes. Section 23(2) Nothing in subsection (1) shall prohibit the Corporation from carrying passengers or goods on a railway in the course of construction or before it has been so declared open but, in such case, the Corporation shall not be liable for the death of, or injury to, any passenger or for the loss of, or damage to, any goods occasioned in the course of such carriage. Section 23(3) For the purpose of this section, the expression "new railway" does not include any diversion or re-alignment of track made to any existing railway.
8
FUNCTIONS AND POWERS OF THE CORPORATION - 8. General duty of the Board
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AI-assisted research summary: The Board must ensure the development, efficient and safe operation, proper financial administration, provision of reasonable carriage facilities, and non‑discrimination in the Corporation's services.

Section 8. General duty of the Board Section 8(1)(a) rail and inland waterways transport services; Section 8(1)(b) port facilities in relation to inland waterways transport services; and Section 8(1)(c) auxiliary road services in connection therewith. Section 8(2)(a) the fullest development, consistent with economy, of the undertaking of the Corporation; Section 8(2)(b) that the undertaking of the Corporation is operated efficiently, economically and with due regard to safety; Section 8(2)(c) that the financial administration of the Corporation is conducted in accordance with Part V; Section 8(2)(d) that the Corporation provides all reasonable facilities for the carriage of passengers and goods; and Section 8(2)(e) that no particular person or body is given undue preference or subjected to any undue disadvantage.
9
FUNCTIONS AND POWERS OF THE CORPORATION - 9. Management
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AI-assisted research summary: The Managing Director holds the control and executive management of the Corporation.

Section 9. Management Section Subject to this Act, the control and executive management of the Corporation shall be vested in the Managing Director.

Part IX

SPECIAL PROVISIONS RELATING TO PORTS IN INLAND WATERWAYS

56
SPECIAL PROVISIONS RELATING TO PORTS IN INLAND WATERWAYS - 56.[Repealed by ActNo. 4 of 2009, s. 454.]
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AI-assisted research summary: Section 56 is repealed ("[Repealed by ActNo. 4 of 2009, s. 454.]").

Section 56.[Repealed by ActNo. 4 of 2009, s. 454.]
57
SPECIAL PROVISIONS RELATING TO PORTS IN INLAND WATERWAYS - 57.[Repealed by ActNo. 4 of 2009, s. 454.]
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AI-assisted research summary: Section 57 has been repealed by Act No. 4 of 2009, s. 454.

Section 57.[Repealed by ActNo. 4 of 2009, s. 454.]
58
SPECIAL PROVISIONS RELATING TO PORTS IN INLAND WATERWAYS - 58.[Repealed by ActNo. 4 of 2009, s. 454.]
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AI-assisted research summary: Section 58 has been repealed.

Section 58.[Repealed by ActNo. 4 of 2009, s. 454.]
59
SPECIAL PROVISIONS RELATING TO PORTS IN INLAND WATERWAYS - 59.[Repealed by ActNo. 4 of 2009, s. 454.]
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AI-assisted research summary: Section 59 was repealed.

Section 59.[Repealed by ActNo. 4 of 2009, s. 454.]
60
SPECIAL PROVISIONS RELATING TO PORTS IN INLAND WATERWAYS - 60.[Repealed by ActNo. 4 of 2009, s. 454.]
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AI-assisted research summary: Section 60 has been repealed by ActNo. 4 of 2009, s. 454.

Section 60.[Repealed by ActNo. 4 of 2009, s. 454.]
61
SPECIAL PROVISIONS RELATING TO PORTS IN INLAND WATERWAYS - 61.[Repealed by ActNo. 4 of 2009, s. 454.]
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AI-assisted research summary: Section 61 is repealed.

Section 61.[Repealed by ActNo. 4 of 2009, s. 454.]
62
SPECIAL PROVISIONS RELATING TO PORTS IN INLAND WATERWAYS - 62.[Repealed by ActNo. 4 of 2009, s. 454.]
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AI-assisted research summary: Section 62 has been repealed.

Section 62.[Repealed by ActNo. 4 of 2009, s. 454.]
63
SPECIAL PROVISIONS RELATING TO PORTS IN INLAND WATERWAYS - 63.[Repealed by ActNo. 4 of 2009, s. 454.]
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AI-assisted research summary: Section 63 was repealed by ActNo. 4 of 2009, s. 454.

Section 63.[Repealed by ActNo. 4 of 2009, s. 454.]
64
SPECIAL PROVISIONS RELATING TO PORTS IN INLAND WATERWAYS - 64.[Repealed by ActNo. 4 of 2009, s. 454.]
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AI-assisted research summary: Section 64 has been repealed by ActNo. 4 of 2009, s. 454.

Section 64.[Repealed by ActNo. 4 of 2009, s. 454.]
65
SPECIAL PROVISIONS RELATING TO PORTS IN INLAND WATERWAYS - 65.[Repealed by ActNo. 4 of 2009, s. 454.]
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AI-assisted research summary: Section 65. [Repealed by ActNo. 4 of 2009, s. 454.]

Section 65.[Repealed by ActNo. 4 of 2009, s. 454.]

Part V

FINANCIAL PROVISIONS

24
FINANCIAL PROVISIONS - 24. Principles of operation
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AI-assisted research summary: The Corporation must run its business on commercial principles to ensure, on average, revenues cover properly chargeable outgoings and that net operating income yields an annual return on net fixed assets at a percentage the Cabinet Secretary may direct; the Corporation may invest its funds subject to directions from the Cabinet Secretary responsible for finance; the Cabinet Secretary may, in consultation with the Board, make provision for cheap transport to support certain sectors.

Section 24. Principles of operation Section 24(1) It shall be the duty of the Corporation to conduct its business according to commercial principles and to perform its functions in such a manner as to secure that, taking one year with another, its gross revenue is not less than sufficient to meet its outgoings which are properly chargeable to revenue account including proper allocations to the general reserve and provisions in respect of depreciation of capital assets, pension liabilities, and interest and other provision for the repayment of loans, and further to ensure that, taking one year with another, its net operating income is not less than sufficient to secure an annual return on the value of the net fixed assets in operation by Corporation of such a percentage as the Cabinet Secretary may direct from time to time. Section 24(2)(a) "net operating income" shall be determined by subtracting from gross operating revenue all operating and administrative expenses including adequate provision for maintenance and depreciation but excluding interest and other charges on debt; Section 24(2)(b) "value of the net fixed assets in operation" shall be the gross value of those assets less the amount of accumulated depreciation shown in the statement of accounts of the Corporation: Section 24(3) In the exercise of its duty under subsection (1), the Corporation may, subject to any directions of a general nature which may be given to the Board by the Cabinet Secretary responsible for finance, invest moneys standing to the credit of the Corporation in such securities as the Board thinks fit. Section 24(4) Notwithstanding the provisions of paragraph (e) of section 8 (2), so far as is not inconsistent with the provisions of this section or with the principles of prudent finance, the Cabinet Secretary may, from time to time, in consultation with the Board, makes provision for cheap transport to be provided by the Corporation to assist agriculture, mining and industrial development in Kenya.
25
FINANCIAL PROVISIONS - 25. Borrowing powers
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AI-assisted research summary: The Corporation may borrow money (including by issuing loan stock) subject to approval or concurrence and limitations by the Cabinet Secretary responsible for finance; except as provided, the Corporation must not mortgage or charge its property as security for borrowed money.

Section 25. Borrowing powers Section 25(1) The Corporation may borrow money by the issue of loan stock on such terms as may be approved by the Cabinet Secretary responsible for finance. Section 25(2) The Corporation may otherwise borrow money or obtain credit in Kenya or abroad for the purposes of the Corporation with the concurrence of, and subject to such limitations as may be imposed by, the Cabinet Secretary responsible for finance. Section 25(3) Such stock issued under the provisions of subsection (1) and such moneys borrowed or credit obtained under the provisions of subsection (2) as the Cabinet Secretary responsible for finance shall approve for the purposes of this subsection, and all interest and other charges payable in respect of such stock, moneys or credit, shall, unless the instrument or note evidencing or supporting such borrowing shall otherwise provide, be charged upon all the property, undertakings and revenue of the Corporation by operation of this section and without further charge or instrument. Section 25(4) Any stock issued by the East African Railways Corporation which, by virtue of any order made under subsection (4) of section 95 , becomes the liability of the Corporation shall, subject to the terms of such order, be deemed to be stock issued by the Corporation and shall be held in the same right and on the same trusts and subject to the same powers, privileges, provisions and charges as those in, on or subject to which such stock was issued. Section 25(5) Except as provided in this section, the Corporation shall not give or execute any mortgage or charge over any of its property or assign its property by way of security for borrowed money.

Part VI

ACCOUNTS AND REPORTS

26
ACCOUNTS AND REPORTS - 26. Annual accounts
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AI-assisted research summary: The Board must keep proper accounts, prepare and transmit annual statements within six months (or longer if the Cabinet Secretary allows) to the Auditor-General; the Auditor-General must audit, examine, certify and return the accounts to the Board; the Board must send certified accounts to the Cabinet Secretary, who must present them to Parliament within nine months (or longer if allowed).

Section 26. Annual accounts Section 26(1) The Board shall ensure that proper accounts and other records are kept in relation to the revenue and expenditure of the Corporation and shall ensure that, within six months of the end of each financial year of the Corporation or such longer period as the Cabinet Secretary may allow in any particular case, a statement of accounts of the Corporation is prepared in accordance with the best commercial standards and any directions which may be issued by the Cabinet Secretary, and transmitted to the Auditor-General. Section 26(2) The accounts of the Corporation and of all officers and authorities of the Corporation shall be audited by the Auditor-General and for that purpose the Auditor-General or any person authorized by him in that behalf, whether or not a public officer, shall have access to all books, records, returns and other documents relating to those accounts and upon receipt of a statement of accounts transmitted to him under subsection (1), the Auditor-General shall examine it, certify it and report on it and shall return the statement with his certificate and report to the Board within sufficient time to enable compliance with subsection (3). Section 26(3) Upon the return of the statement of accounts certified by the Auditor-General and the receipt of his report thereon, the Board shall immediately transmit that statement of accounts and report to the Cabinet Secretary who shall cause the same to be presented to Parliament without delay and in any event before the expiry of nine months from the end of the financial year to which they relate or such longer period as the Cabinet Secretary may in any particular case allow. [Act No. 12 of 1985 , Sch.]
27
ACCOUNTS AND REPORTS - 27. Annual report and financial year
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AI-assisted research summary: The Board must prepare an annual report within nine months after the end of each financial year and transmit it to the Cabinet Secretary, who must present it to Parliament with the statement of accounts and Auditor‑General's report.

Section 27. Annual report and financial year Section 27(1) The Board shall, within nine months after the end of each financial year, prepare a report upon the operation of the Corporation during that year and shall transmit such report to the Cabinet Secretary who shall cause the same to be presented to Parliament together with the statement of accounts and report of the Auditor-General referred to in section 26 . Section 27(2) The financial year of the Corporation shall run from the 1st January to the 31st December in each year. [Act No. 18 of 1986 , Sch.]

Part VII

RESPONSIBILITY OF THE CORPORATION AS A CARRIER AND WAREHOUSEMAN

28
RESPONSIBILITY OF THE CORPORATION AS A CARRIER AND WAREHOUSEMAN - 28. Liability for loss of life, etc., of passengers
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AI-assisted research summary: The Corporation is not liable for death or personal injury to passengers except when caused by lack of ordinary care, diligence or skill by the Corporation or its employees; the Corporation remains exempt from liabilities it is already exempt from under this Act or any other written law.

Section 28. Liability for loss of life, etc., of passengers Section 28(1) The Corporation shall not be liable for the loss of life of, or for personal injury to, any passenger except where the loss of life or personal injury is caused by the want of ordinary care, diligence or skill on the part of the Corporation or of any employee: Provided that nothing herein shall impose upon the Corporation any liability from which it is exempt under this Act or any other written law. Section 28(2)(a) who is travelling, whether with or without permission, in any part of a train, vessel or vehicle other than parts normally provided for the use of passengers while travelling; Section 28(2)(b) who is travelling on a free pass; Section 28(2)(c) who is travelling over a railway in the course of construction whether with or without permission; Section 28(2)(d) who, at the time the loss of life or injury occurred, is being carried by any transport service other than one provided by the Corporation or under the control of the Board, Section 28(3)(a) act of God; Section 28(3)(b) act of war; Section 28(3)(c) fire or accident from machinery, boilers or steam; Section 28(3)(d) any peril or accident of the inland waterways, or navigation, of whatsoever nature or kind and from whatsoever cause arising, Section 28(4) For the purposes of this section the expression "passenger" includes every person, other than an employee on duty, lawfully travelling on any train, vessel or vehicle of the Corporation.
29
RESPONSIBILITY OF THE CORPORATION AS A CARRIER AND WAREHOUSEMAN - 29. No liability for delay in arrival of passengers, etc.
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AI-assisted research summary: No liability for delay in arrival of passengers, etc.

Section 29. No liability for delay in arrival of passengers, etc.
30
RESPONSIBILITY OF THE CORPORATION AS A CARRIER AND WAREHOUSEMAN - 30. Liability for loss of goods
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AI-assisted research summary: The Corporation shall not be liable for loss, misdelivery or damage to goods in specified circumstances (including false account, incorrect address, fraud by consignor, lack of receipt document, carriage by other transport, market loss, insufficient packing, riots/strikes, acts of God/war, fire, machinery accident, or inland navigation perils).

Section 30. Liability for loss of goods Section 30(1)(a) act of God; Section 30(1)(b) act of war; Section 30(1)(c) seizure under legal process; Section 30(1)(d) act or order of the Government; Section 30(1)(e) act or omission of the consignor, his servant or agent; Section 30(1)(f) inherent liability to wastage in bulk or weight, latent or inherent defect, vice or natural deterioration of the goods; or Section 30(1)(g) casualty including fire or explosion: Section 30(2) The Corporation shall not be liable for loss, misdelivery or damage in respect of goods in relation to which an account false in any material particular has been given under section 46 or any incorrect or insufficient address for delivery has been given and such loss, misdelivery or damage is in any way caused by such false account or incorrect or insufficient address. Section 30(3)(a) where there has been fraud on the part of the consignor; Section 30(3)(b) unless a document acknowledging receipt of such goods for carriage by the Corporation has been given; Section 30(3)(c) which at the time loss, misdelivery or damage occurred are being carried by any transport service other than one provided by the Corporation or under the control of the Corporation; Section 30(3)(d) where there is a loss of a particular market whether held daily or at intervals; or Section 30(3)(e) where the loss, misdelivery or damage arises from insufficient or improper packing or from riots, civil commotion, strikes, lock-outs, stoppage or restraint of labour from whatsoever cause whether partial or general, and Section 30(4)(a) act of God; Section 30(4)(b) act of war; Section 30(4)(c) fire or accident from machinery, boilers or steam; Section 30(4)(d) any peril or accident of the inland waterways, or navigation, of whatsoever nature or kind and from whatsoever cause arising,
31
RESPONSIBILITY OF THE CORPORATION AS A CARRIER AND WAREHOUSEMAN - 31. Liability for delay, etc., of goods
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AI-assisted research summary: States liability for delay of goods and refers to fraud by the consignor.

Section 31. Liability for delay, etc., of goods Section where there has been fraud on the part of the consignor;
32
RESPONSIBILITY OF THE CORPORATION AS A CARRIER AND WAREHOUSEMAN - 32. Limitation of liability for animals
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AI-assisted research summary: The Corporation's liability for any animal is capped at the appropriate amount in the Tariff Book unless the consignor declared a higher value and paid additional charges; claimants must prove value and injury in proceedings.

Section 32. Limitation of liability for animals Section 32(1) The liability of the Corporation in respect of any animal shall not in any case exceed the appropriate amount set out in the Tariff Book, unless at the time of the acceptance of such animal by the Corporation for carriage the consignor, or his agent, declared that the value of the animal exceeded such appropriate amount and paid, or agreed to pay, such additional charges as may be determined in the Tariff Book in respect of such excess value, and thereupon the liability of the Corporation shall not in any case exceed the declared value. Section 32(2) In every proceeding against the Corporation for the recovery of any sum in respect of any animal, the burden of proving the value of the animal and, where the animal has been injured, the extent of the injury, shall be upon the claimant.
33
RESPONSIBILITY OF THE CORPORATION AS A CARRIER AND WAREHOUSEMAN - 33. Limitation of liability for loss, etc., of specific articles
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AI-assisted research summary: The Corporation's liability for specified articles in a parcel is limited to one thousand shillings unless a higher value is declared and additional tariff charges paid or agreed, in which case liability is limited to the declared value; declared parcels may be inspected; claimants bear the burden of proving value and loss; the Cabinet Secretary may amend the Second Schedule or vary the maximum liability by regulation.

Section 33. Limitation of liability for loss, etc., of specific articles Section 33(1) The liability of the Corporation in respect of any article or articles specified in the Second Schedule, and contained in any parcel or package, shall not, in any circumstances, exceed one thousand shillings unless at the time of acceptance of such parcel or package by the Corporation for carriage the consignor or his agent declared that the value of such article or articles exceeded one thousand shillings and paid, or agreed to pay, such additional charges as may be determined in the Tariff Book in respect of such excess value; and thereupon the liability of the Corporation shall not in any case exceed the declared value. Section 33(2) It shall be a condition of the carriage of any parcel or package containing any article or articles the value of which has been declared to be in excess of one thousand shillings that the contents of such parcel or package may be inspected by an authorized employee at the time of such declaration. Section 33(3) In any proceedings against the Corporation for the recovery of any sum in respect of any article or articles the value of which has been declared to be in excess of one thousand shillings, the burden of proving the value of the article or articles and of any loss or damage thereto shall be upon the claimant. Section 33(4) The Cabinet Secretary may, by regulations made under this Act, amend the Second Schedule or vary amount of the maximum liability of the Corporation as specified in this section.
34
RESPONSIBILITY OF THE CORPORATION AS A CARRIER AND WAREHOUSEMAN - 34. Limitation of liability for loss, etc., where false account given
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AI-assisted research summary: Where a false account has been given under section 46, the Corporation's liability for the goods concerned is limited to the value of those goods as calculated from the false account.

Section 34. Limitation of liability for loss, etc., where false account given Section The liability of the Corporation in respect of any goods carried by the Corporation in relation to which an account false in any material particular has been given under section 46 shall not in any case exceed the value of the goods as calculated in accordance with the description contained in such false account.
35
RESPONSIBILITY OF THE CORPORATION AS A CARRIER AND WAREHOUSEMAN - 35. Limitation of liability by contract
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AI-assisted research summary: The Corporation's liability for carriage of goods cannot be limited except by a contract made according to this section; such limiting contracts are void unless they are in writing and signed by or on behalf of the person delivering the goods (provision does not apply to carriage by vessel).

Section 35. Limitation of liability by contract Section 35(1) The liability of the Corporation under this Act for the carriage of goods by the Corporation shall not be limited in any manner otherwise than by contract made in accordance with the provisions of this section: Provided that nothing in this section shall apply to a contract for the carriage of goods by vessel. Section 35(2) A contract purporting to limit the liability of the Corporation under this Act for the carriage of goods by the Corporation shall, to the extent to which it purports to limit such liability but not otherwise, be void unless it is in writing signed by or on behalf of the person delivering the goods to the Corporation.
36
RESPONSIBILITY OF THE CORPORATION AS A CARRIER AND WAREHOUSEMAN - 36. Liability for loss of goods, etc.
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AI-assisted research summary: Section concerns liability for loss of goods delivered to or in the custody of the Corporation when not for the purpose of carriage.

Section 36. Liability for loss of goods, etc. Section delivered to, or in the custody of, the Corporation otherwise than for the purpose of carriage;
37
RESPONSIBILITY OF THE CORPORATION AS A CARRIER AND WAREHOUSEMAN - 37. Limitation of liability for loss, etc., of goods deposited in cloakroom
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AI-assisted research summary: The Corporation's liability for loss, misdelivery, damage or delay of goods deposited in a cloakroom is capped at two hundred shillings unless the depositor declared a higher value and paid (or agreed to pay) the additional charge in the Tariff Book, in which case the liability is limited to that declared value.

Section 37. Limitation of liability for loss, etc., of goods deposited in cloakroom Section 37(1) The liability of the Corporation for any loss or misdelivery of, damage to or delay in the delivery of any goods deposited in a cloakroom shall not in any case exceed two hundred shillings unless at the time of such deposit the person depositing the goods declared that the value thereof exceeded that amount and paid, or agreed to pay, such additional charge as may be determined in the Tariff Book in respect of such excess value; and thereupon the liability of the Corporation shall not in any case exceed such declared value. Section 37(2) For the purposes of this section the expression "cloakroom" means any place provided by the Corporation in connection with the transport services provided by the Corporation as a facility for the temporary deposit of goods by passengers and other persons.

Part VIII

OPERATIONS OF THE CORPORATION

38
OPERATIONS OF THE CORPORATION - 38. Corporation may determine conditions for the carriage of passengers and luggage
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AI-assisted research summary: The Corporation may set and publish conditions, rates, fares, charges and passenger accommodation classes for carriage of passengers and luggage in the Tariff Book.

Section 38. Corporation may determine conditions for the carriage of passengers and luggage Section 38(1)(a) determine the conditions upon which passengers and luggage shall be carried by the Corporation and different conditions may be determined in different cases; and such conditions shall be published in the Tariff Book and shall, subject as aforesaid, have effect from the date of such publication or from such later date as may be specified therein; Section 38(1)(b) determine the rates, fares and charges for the carriage of passengers and luggage by the Corporation and such rates, fares and charges shall be published in the Tariff Book and shall, subject as aforesaid, have effect from the date of such publication or from such later date as may be specified therein: Section 38(1)(c) determine the different classes of accommodation available to passengers in trains, vessels or vehicles of the Corporation. Section 38(2)(i) such conditions, rates, fares and charges shall as soon as practicable after such determination be published in the Tariff Book; and Section 38(2)(ii) the determination of such conditions, rates, fares and charges shall not of itself constitute an undue preference under paragraph (e) of section 8 (2).
39
OPERATIONS OF THE CORPORATION - 39. General right of persons to be carried as passengers
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AI-assisted research summary: General right of persons to be carried as passengers.

Section 39. General right of persons to be carried as passengers Section to be suffering from any mental disorder;
40
OPERATIONS OF THE CORPORATION - 40. General conditions on which tickets, etc., issued
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AI-assisted research summary: An authorized employee may require a passenger to move between compartments or cabins of the same class to better use accommodation.

Section 40. General conditions on which tickets, etc., issued Section 40(1)(a) there is room available in the train, vessel or vehicle of the class for which the ticket or free pass is issued; Section 40(1)(b) an authorized employee may require the passenger to move from one compartment or cabin to another of the same class for the purpose of the better use of the accommodation of the train or vessel; and Section 40(1)(c) in the case of a ticket or free pass issued for a particular journey, at or near the end of such journey; Section 40(1)(c)(i) in the case of a ticket or free pass issued for a particular journey, at or near the end of such journey; Section 40(1)(c)(ii) in the case of a season ticket or free pass, at the expiration of the period for which it was issued. Section 40(2)(a) may obtain a refund of the fare which he has paid on his returning the ticket to an authorized employee as soon as practicable; or Section 40(2)(b) may elect, subject to there being available room to travel in a lower class and shall, upon drawing as soon as practicable the attention of an authorized employee to such fact, be entitled to obtain from such employee a certificate that he is entitled to a refund and shall, on presenting that certificate to an authorized employee, be entitled to a refund of the difference between the fare which he paid and the fare payable in respect of the class in which he travelled:
41
OPERATIONS OF THE CORPORATION - 41. Persons without valid ticket, etc., may be removed from train, etc.
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AI-assisted research summary: Persons may not travel on Corporation trains, vessels or vehicles unless they hold a valid ticket or free pass; employees of the Corporation may require those without a valid ticket or free pass to leave and may remove them using reasonable and necessary force if they refuse.

Section 41. Persons without valid ticket, etc., may be removed from train, etc. Section No person shall be upon any train, vessel or vehicle of the Corporation for the purposes of travelling therein as a passenger unless he is in possession of a valid ticket or free pass; and any person found on a train, vessel or vehicle without a valid ticket or free pass may, without prejudice to any other action which may be taken against him, be required by any employee of the Corporation to leave the train, vessel or vehicle and, if he does not do so, may be removed therefrom with such force as may be reasonable and necessary in the circumstances.
42
OPERATIONS OF THE CORPORATION - 42. Fares, etc., payable by persons travelling without a valid ticket, etc.
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AI-assisted research summary: Persons must hold a valid ticket or free pass for travel; they must pay fare and excess charges when liable; authorised employees or police may arrest and detain a person who refuses to pay if there is reasonable ground to believe other means would delay bringing them before the court.

Section 42. Fares, etc., payable by persons travelling without a valid ticket, etc. Section 42(1)(a) travels on any train, vessel or vehicle of the Corporation without a valid ticket or free pass; or Section 42(1)(b) from which the train, vessel or vehicle originally started; or Section 42(1)(b)(i) from which the train, vessel or vehicle originally started; or Section 42(1)(b)(ii) if the tickets or free passes of passengers have been examined during the journey and found to be in order, from the place where they were last examined and found in order, Section 42(2)(a) travels in a class of a train, vessel or vehicle higher than that for which he is in possession of a valid ticket or free pass; or Section 42(2)(b) travels in a train, vessel or vehicle beyond the place authorized by his ticket or free pass, Section 42(3) If, on demand by an authorized employee, any person refuses to pay the fare and excess charge for which he is liable under this section, any authorized employee or any police officer may, if there is reasonable ground for belief that there would be difficulty or delay in bringing such person before the court by any other means, arrest and detain that person without a warrant and bring him, as soon as practicable, before a court having jurisdiction to deal with him in accordance with the provisions of this Act.
43
OPERATIONS OF THE CORPORATION - 43. Conditions of carriage of luggage
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AI-assisted research summary: Passengers who pay the appropriate charge (if any) may deliver luggage to an authorized employee for carriage and are entitled to receive a receipt for each piece.

Section 43. Conditions of carriage of luggage Section 43(1) Subject to this Act, every passenger shall on payment of the appropriate charge, if any, be entitled to deliver his luggage to an authorized employee for carriage by the Corporation in the appropriate part of the train, vessel or vehicle and to receive a document of receipt for each piece of luggage so delivered. Section 43(2)(a) to the condition that unless the luggage is delivered to an employee for carriage in accordance with subsection (1), it shall be carried at the risk of the passenger; and Section 43(2)(b) to the condition that the provisions of this Act in respect of the carriage of goods shall apply to the carriage of luggage save in so far as it is otherwise specifically provided.
44
OPERATIONS OF THE CORPORATION - 44. Corporation may determine conditions for carriage of goods, etc.
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AI-assisted research summary: The Corporation may, subject to the provisions of this Act, determine the conditions upon which goods shall be carried or warehoused by the Corporation; such conditions must be published in the Tariff Book and take effect from the date of publication or a later specified date.

Section 44. Corporation may determine conditions for carriage of goods, etc. Section 44(1) The Corporation may, subject to the provisions of this Act, determine the conditions upon which goods shall be carried or warehoused by the Corporation and different conditions may be determined in different cases; and such conditions shall be published in the Tariff Book and shall, subject as aforesaid, have effect from the date of such publication or from such later date as may be specified therein. Section 44(2)(i) such conditions, rates and charges shall, if they are of a continuing nature, be available to the public on request; and Section 44(2)(ii) the determination of such conditions, rates and charges shall not of itself constitute an undue preference under paragraph (e) of section 8 (2).
45
OPERATIONS OF THE CORPORATION - 45. General right to have goods carried
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AI-assisted research summary: General right to have goods carried

Section 45. General right to have goods carried Section any animal tendered for carriage appears to be suffering from any infectious or contagious disease;
46
OPERATIONS OF THE CORPORATION - 46. Description, etc., of goods to be delivered
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AI-assisted research summary: Consignors, persons tendering goods, and consignees must give a written account describing goods so authorized employees can determine carriage or warehousing rates; authorized employees may examine goods and may refuse acceptance or delivery unless specified rates (up to the highest, or double if the account is materially false) are paid.

Section 46. Description, etc., of goods to be delivered Section 46(1) The consignor of, or the person tendering, any goods to the Corporation for carriage or warehousing and, on request by an authorized employee, the consignee of, or person receiving, any goods which have been carried or warehoused by the Corporation, shall deliver to an authorized employee an account in writing signed by the consignor, person or consignee, as the case may be, containing such a description of the goods as may be sufficient to enable such employee to determine the rates and charges payable in respect of the carriage or warehousing thereof by the Corporation. Section 46(2) Any authorized employee may, for the purpose of checking any account delivered under subsection (1), require such consignor, person or consignee, as the case may be, to permit him to examine such goods. Section 46(3)(a) in respect of goods which are tendered to the Corporation for carriage or warehousing, refuse to accept the goods for such carriage or warehousing unless in respect thereof a rate or charge not exceeding the highest rate or charge payable for any class of goods is paid; or Section 46(3)(b) in respect of goods which have been carried by the Corporation, refuse to deliver such goods unless in respect thereof a rate or charge not exceeding such highest rate or charge is paid. Section 46(4) If, in respect of goods which have been carried or warehoused by the Corporation, an account delivered under subsection (1) is found to be false in any material particular with respect to the description of any goods to which it purports to relate, an authorized employee may refuse to deliver such goods unless, in respect of the carriage or warehousing of the goods, a rate or charge not exceeding double the highest rate or charge payable for any class of goods is paid.
47
OPERATIONS OF THE CORPORATION - 47. Goods may be sold to pay fares, rates, etc.
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AI-assisted research summary: If a person fails to pay a fare, rate or charge when demanded by an authorised employee, the Corporation may detain or sell their goods (including luggage), hold auctions (immediately for perishables or after at least 15 days' notice for other goods), retain proceeds to cover the debt and expenses, deliver any remaining balance to the entitled person, and may recover amounts by other lawful means.

Section 47. Goods may be sold to pay fares, rates, etc. Section 47(1) Where any person fails to pay on demand made by an authorized employee any fare, rate or charge due from him as a passenger or in respect of any goods, the Corporation may detain the whole or any part of such goods including the luggage of the passenger or, if the value of the goods is, in the opinion of the authorised employee insufficient to pay for the rate or charge due or if they have been removed from the possession of the Corporation, any other goods of such person which may be in, or may thereafter come into, the possession of the Corporation. Section 47(2)(a) perishable goods, such auction may take place at once; Section 47(2)(b) any other goods, such auction may take place on the expiration of at least fifteen days’ notice, published in one or more local newspapers, of the intended auction: Section 47(3) The Corporation may, out of the proceeds of any sale effected under subsection (2), retain a sum equal to the fare, rate or charge due and the expenses of the detention and sale and shall deliver the balance, if any, of such proceeds together with such of the goods, if any, as remain unsold to the person appearing to the Managing Director to be entitled thereto: Provided that if such person fails, after notice so to do, to remove within a reasonable time the goods, if any, remaining unsold, the Corporation may sell such goods and dispose of the proceeds of such sale in accordance with provisions of this section. Section 47(4) Nothing in this section shall prejudice the right of the Corporation to recover any such fare, rate or charge, or any part thereof, by any other lawful means.
48
OPERATIONS OF THE CORPORATION - 48. Unclaimed goods in possession of the Corporation
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AI-assisted research summary: If goods held by the Corporation are unclaimed and the owner (or person appearing entitled) is known, the Corporation must take reasonable steps to serve a notice requiring removal of the goods.

Section 48. Unclaimed goods in possession of the Corporation Section 48(1) Where any goods in the possession of the Corporation are not claimed by the owner or person appearing to the Corporation to be entitled thereto, the Corporation shall, if such owner or person is known, take all reasonable steps to cause a notice to be served upon him requiring him to remove the goods. Section 48(2)(a) the owner of any goods in the possession of the Corporation is not known and no person appears to be entitled thereto; or Section 48(2)(b) the notice referred to in subsection (1) cannot for any reason be served; or Section 48(2)(c) there has been a non-compliance with the provisions of any notice served under subsection (1),
49
OPERATIONS OF THE CORPORATION - 49. Indemnity where goods claimed by two persons, etc.
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AI-assisted research summary: Any goods, or the proceeds of the sale of any goods, that are in the possession of the Corporation may be claimed by two or more persons.

Section 49. Indemnity where goods claimed by two persons, etc. Section any goods, or the proceeds of the sale of any goods, are in the possession of the Corporation and such goods or proceeds are claimed by two or more persons; or
50
OPERATIONS OF THE CORPORATION - 50. Dangerous or offensive goods, etc.
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AI-assisted research summary: An authorized employee may examine goods suspected of contravening this section and may order their removal from Corporation trains, vessels, vehicles or premises.

Section 50. Dangerous or offensive goods, etc. Section 50(1)(a) in the case of goods taken by a person, to the employee in charge of the station or inland waterways port at which such person commences his journey; or Section 50(1)(b) in the case of goods tendered to the Corporation for carriage or warehousing, to the employee to whom the goods are tendered. Section 50(2)(a) refuse to permit any goods to which this section applies to be taken by any person upon any train, vessel or vehicle of the Corporation; Section 50(2)(b) refuse to accept the goods for carriage or warehousing or accept them only under, and in accordance with, any special provisions dealing with the carriage or warehousing of any such goods; Section 50(2)(c) require the goods to be marked and packed in such manner as he may reasonably direct. Section 50(3) Where an authorized employee has reason to believe that any goods to which this section applies are being carried or warehoused, or have been accepted for carriage or warehousing, in contravention of subsection (1) or (2) he may examine such goods and if, on examination, they are found to be goods to which this section applies he may order their removal from any train, vessel or vehicle of, or from premises occupied by, the Corporation. Section 50(4)(a) derogate from the provisions of any law in force relating to the possession or transport of explosives, petroleum, firearms or ammunition; Section 50(4)(b) apply to any goods carried by any member of any military force established for the defence of Kenya, or by any police officer, in the course of his duty.
51
OPERATIONS OF THE CORPORATION - 51. Corporation to prepare Tariff Book, etc.
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AI-assisted research summary: The Corporation must prepare and keep a Tariff Book and other specified books, copies, fare lists and a timetable for passenger services.

Section 51. Corporation to prepare Tariff Book, etc. Section 51(1)(a) a Tariff Book containing all matters which under this Act are required to be contained therein together with such other matters as, under this Act, may be determined by the Corporation and such other matters as the Corporation may think fit; Section 51(1)(b) such other books, time-tables and documents as under this Act are required to be kept. Section 51(2)(a) a copy of the Tariff Book containing all amendments for the time being in force; Section 51(2)(b) a list specifying the fares for the carriage of passengers by the Corporation from the place at which the list is kept to every other place to which bookings are commonly made; and Section 51(2)(c) a time-table of the passenger transport services operated by the Corporation.
52
OPERATIONS OF THE CORPORATION - 52. Corporation shall determine maximum load, etc.
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AI-assisted research summary: Section 52. Corporation shall determine maximum load, etc. Section 52(1)(a) the maximum load for every wagon of the Corporation and no wagon shall, except with the permission of the Managing Director, be loaded in excess of such maximum

Section 52. Corporation shall determine maximum load, etc. Section 52(1)(a) the maximum load for every wagon of the Corporation and no wagon shall, except with the permission of the Managing Director, be loaded in excess of such maximum load; Section 52(1)(b) the maximum number of passengers that may be carried in any compartment of a coach of a train or cabin of a vessel or in a passenger lighter of the Corporation. Section 52(2) The Managing Director shall cause the maximum load determined under subsection (1) in respect of every wagon to be shown in a conspicuous manner on each wagon.
53
OPERATIONS OF THE CORPORATION - 53. Accidents to be reported
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AI-assisted research summary: Accidents that are attended, or of a kind usually attended, with loss of human life or with serious injury to any person or property are to be reported.

Section 53. Accidents to be reported Section is attended, or is of a kind usually attended, with loss of human life or with serious injury to any person or property; or
54
OPERATIONS OF THE CORPORATION - 54. The Board may order inquiry, etc.
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AI-assisted research summary: The Board may order inquiries into accidents in the Corporation's transport services or inland waterways, and the Board must submit a report to the Cabinet Secretary on accidents of the kind in section 53 describing probable cause and steps taken to avoid repetition.

Section 54. The Board may order inquiry, etc. Section 54(1) The Board may order such inquiry into any accident which occurs in any transport services of the Corporation, or in any inland waterways, or as it may think fit. Section 54(2) The Board shall submit to the Cabinet Secretary a report on any accident of a kind referred to in section 53 setting out inter alia the probable cause of such accident and the steps, if any, which have been taken, or it has directed shall be taken, with a view to avoiding a repetition thereof.
55
OPERATIONS OF THE CORPORATION - 55. Managing Director to make a return of accidents
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AI-assisted research summary: The Managing Director must make a return to the Board of all accidents to the Corporation's transport services or in any inland waterways port.

Section 55. Managing Director to make a return of accidents Section The Managing Director shall make to the Board a return, in such form and at such intervals as the Board may direct, of all accidents occurring to the transport services of the Corporation, or in any inland waterways port, whether or not any such accident is attended with injury to any person.

Part X

PROVISIONS RELATING TO OFFENCES

66
PROVISIONS RELATING TO OFFENCES - 66. Major offences
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AI-assisted research summary: Crew members of a Corporation-operated vessel who, without lawful excuse, disobey lawful orders or unlawfully desert their employment shall be guilty of an offence and liable to imprisonment for a term not exceeding three years.

Section 66. Major offences Section 66(1)(a) does any act which obstructs, or might obstruct, the working of a train, vessel or vehicle of the Corporation and which endangers, or might endanger, the life of any person travelling thereon; or Section 66(1)(b) damages or in any way interferes with any train, vessel, vehicle, signal, points, rails, sleeper, lighthouse, buoy, mark, beacon or other property of the Corporation in such a manner as to endanger, or as might endanger, the life of any person, Section 66(2) Without prejudice to the generality of subsection (1), any person who, being a member of the crew of a vessel operated by the Corporation and with prejudice to the safe operation of such vessel, without lawful excuse disobeys any lawful order given to him as a member of the crew, or, at an inland waterways port or other place, unlawfully deserts his employment upon such vessel shall be guilty of an offence and liable to imprisonment for a term not exceeding three years.
67
PROVISIONS RELATING TO OFFENCES - 67. Minor offences
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AI-assisted research summary: Being found during the hours of darkness on premises occupied by the Corporation is identified as a minor offence.

Section 67. Minor offences Section is found during the hours of darkness on any premises occupied by the Corporation;
68
PROVISIONS RELATING TO OFFENCES - 68. Travelling without ticket, etc.
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AI-assisted research summary: It is an offence for a person to travel on the Corporation's train, vessel or vehicle without a valid ticket or free pass, to travel beyond the distance covered by a valid ticket to avoid fare, to travel in a higher class than entitled, to wilfully refuse to pay fare and excess charge on demand, or to use a ticket obtained from someone other than an authorized employee; recovered penalties must be paid to the Corporation and the Corporation retains the right to recover amounts by other lawful means.

Section 68. Travelling without ticket, etc. Section 68(1)(a) travels on a train, vessel or vehicle of the Corporation without a valid ticket or free pass with intent to avoid payment of any fare for which he is liable; Section 68(1)(b) having a valid ticket or free pass for a certain distance, knowingly travels on a train, vessel or vehicle of the Corporation beyond that distance with intent to avoid payment of the fare for the additional distance; Section 68(1)(c) travels on a train, vessel or vehicle of the Corporation by a higher class than the valid ticket or free pass which he holds entitles him to travel with intent to avoid payment of any additional fare; Section 68(1)(d) wilfully refuses to pay the fare and excess charge which, on demand, he is liable to pay under section 42 ; or Section 68(1)(e) travels on a train, vessel or vehicle of the Corporation with a ticket or free pass, or any portion thereof, purchased or obtained by him from any person other than an authorized employee, Section 68(2) Where any penalty imposed under this section is recovered, the amount thereof shall be paid to the Corporation. Section 68(3) Nothing in this section shall prejudice the right of the Corporation to recover any amounts due from the offender by any other lawful means.
69
PROVISIONS RELATING TO OFFENCES - 69. Offences by passengers
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AI-assisted research summary: Passengers must not enter or stay in a part reserved for another person or in a part already at its authorized maximum and then refuse to leave when required to do so by an authorized employee.

Section 69. Offences by passengers Section enters any part thereof reserved for use of another person, or already containing the maximum number of persons authorized for that part, and refuses to leave that part after being required to do so by an authorized employee;
70
PROVISIONS RELATING TO OFFENCES - 70. Offences relating to tickets
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AI-assisted research summary: A person who is not an authorized employee or agent of the Corporation must not sell or part with any ticket or free pass (or any portion) to enable another person to travel on a train, vessel or vehicle.

Section 70. Offences relating to tickets Section not being an authorized employee or agent of the Corporation, sells or parts with any ticket or free pass, or any portion thereof, in order to enable any other person to travel therewith on a train, vessel or vehicle;
71
PROVISIONS RELATING TO OFFENCES - 71. Forgeries, etc., of tickets
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AI-assisted research summary: Relates to obtaining by false pretences or other fraudulent means any ticket or free pass issued by the Corporation.

Section 71. Forgeries, etc., of tickets Section obtains by false pretences or other fraudulent means any ticket or free pass issued by the Corporation;
72
PROVISIONS RELATING TO OFFENCES - 72. False returns
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AI-assisted research summary: It is an offence for any person to knowingly or recklessly make a materially false statement in a return, claim or other document required or authorized for the Corporation; the offender may be fined up to three thousand shillings, imprisoned up to three months, or both.

Section 72. False returns Section 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 exceeding three thousand shillings or to imprisonment not exceeding three months or to both.
73
PROVISIONS RELATING TO OFFENCES - 73. Unlawfully transporting dangerous goods
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AI-assisted research summary: A person convicted under this section is responsible for loss, injury or damage caused by the dangerous goods and the convicting court may order payment and may (if payment is not made) impose up to six months' further imprisonment.

Section 73. Unlawfully transporting dangerous goods Section 73(1)(a) takes with him any goods to which that section applies upon any train, vessel or vehicle of the Corporation; or Section 73(1)(b) delivers any such goods to the Corporation for carriage or warehousing, Section 73(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.
74
PROVISIONS RELATING TO OFFENCES - 74. Offences by master of vessel
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AI-assisted research summary: Masters of vessels who contravene specified ship provisions or who produce materially false documents or information commit an offence punishable by a fine up to three thousand shillings, imprisonment up to three months, or both.

Section 74. Offences by master of vessel Section 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 thousand shillings or to imprisonment for a term not exceeding three months or to both.
75
PROVISIONS RELATING TO OFFENCES - 75. Employee endangering safety of operation
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AI-assisted research summary: Employee endangering safety of operation by contravening any of the provisions of this Act.

Section 75. Employee endangering safety of operation Section by contravening any of the provisions of this Act;
76
PROVISIONS RELATING TO OFFENCES - 76. Employee demanding improper amount
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AI-assisted research summary: Employees of the Corporation must not, with intent to defraud, demand, solicit or receive improper amounts or other things of value from passengers, consignors or users of the Corporation's facilities; doing so is an offence punishable by a fine up to ten thousand shillings, imprisonment up to twelve months, or both.

Section 76. Employee demanding improper amount Section 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 than he should demand or receive, or any other thing of value, 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.
77
PROVISIONS RELATING TO OFFENCES - 77. Arrest of employee
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AI-assisted research summary: A head of a department must, when a request is made under this section, relieve the relevant employee with the least possible delay.

Section 77. Arrest of employee Section 77(1)(a) request the head of the department of such employee to relieve such employee from his duties as soon as practicable; and Section 77(1)(b) refrain from arresting the employee until he is so relieved and shall, until he is so relieved, take all necessary steps to ensure that the employee does not escape. Section 77(2) Where any request is made to a head of a department under this section, it shall be his duty to relieve the employee in respect of whom the request is made with the least possible delay.
78
PROVISIONS RELATING TO OFFENCES - 78. Power of arrest, removal and place of trial
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AI-assisted research summary: Authorized employees of the Corporation and police officers may arrest without warrant persons committing specified offences and must take them promptly before a magistrate; they may require persons committing certain offences to leave Corporation premises or remove goods and use reasonable force if necessary; persons so arrested or removed are not entitled to a refund of any fare.

Section 78. Power of arrest, removal and place of trial Section 78(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 commit him for trial. Section 78(2)(a) there is reason to believe that such person will abscond; or Section 78(2)(b) he refuses on demand to give his name and address; or Section 78(2)(c) there is reason to believe that the name or address given by him is incorrect, Section 78(3) Any person who commits any of the offences set out in section 67 , 68 , 69 or 73 may be required by any authorized employee of the Corporation or police officer to leave the premises occupied by the Corporation or the train, vessel or vehicle, as the case may be, in which such person is at the time of the commission of the offence and to remove any goods therefrom; and if such person fails to comply with such requirement he or such goods may be removed therefrom with such force as may be reasonably necessary in the circumstances. Section 78(4) Any person who, under this section, is arrested or required to leave any premises occupied by the Corporation or any train, vessel or vehicle thereof shall not be entitled to the return of any fare which he may have paid. Section 78(5) Any person charged with any offence under this Act may be proceeded against, tried and punished in any place in which he may be in custody for that offence as if the offence had been committed in such place; and the offence shall for all purposes incidental to, or consequential upon, the prosecution, trial or punishment thereof be deemed to have been committed in that place: Provided that nothing herein contained shall preclude the prosecution, trial and punishment of such person in any place in which, but for the provisions of this section, such person might have been prosecuted, tried and punished.

Part XI

MISCELLANEOUS PROVISIONS

79
MISCELLANEOUS PROVISIONS - 79. Appointment of staff
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AI-assisted research summary: Section 79 empowers the Board to appoint employees; the Managing Director may authorize employees to maintain order with police-like powers; employees from East African Railways Corporation who transfer under section 95 are deemed appointed to the Corporation.

Section 79. Appointment of staff Section 79(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. Section 79(2) The Managing Director may, by notice in writing, authorize any employee appointed under this section to maintain order upon any premises occupied by the Corporation or in any inland waterways port, train, vessel or vehicle of the Corporation and any employee so authorized shall, in the performance of such duty, have all the powers, rights, privileges and protection of a police officer. Section 79(3) Every person who is employed in the undertaking of the East African Railways Corporation and who becomes an employee of the Corporation under section 95 shall be deemed to have been appointed to the service of the Corporation in accordance with this section.
80
MISCELLANEOUS PROVISIONS - 80. Property of the Corporation in custody of employee, etc.
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AI-assisted research summary: Employees (or the person in possession on their death) must promptly return Corporation property or vacate Corporation premises; the Managing Director must issue a written notice if property/premises are not surrendered, and may apply to a magistrate to obtain police entry, search, delivery of property or eviction if compliance does not occur.

Section 80. Property of the Corporation in custody of employee, etc. Section 80(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 event of his death, of the person in whose possession the property may be or who may be occupying such premises, as soon as practicable to deliver such property to the Corporation or to vacate such premises. Section 80(2) If any property or premises to which subsection (1) refers is not delivered to the Corporation or vacated, the Managing Director shall give notice in writing to the person appearing to him most likely to be in possession of such property or in occupation of such premises to deliver to the Corporation such property or vacate such premises within such time as may be specified in the notice; and if such property is not so delivered or such premises are not so vacated within such time, the Managing Director may, without prejudice to any other means of recovery apply to a magistrate for an order empowering a police officer to enter and search any house or building where such property is believed to be and to deliver such property if found to the Corporation or, as the case may require, to evict from such premises any person found therein.
81
MISCELLANEOUS PROVISIONS - 81. Regulations relating to staff
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AI-assisted research summary: Regulations relating to staff

Section 81. Regulations relating to staff
82
MISCELLANEOUS PROVISIONS - 82. Delegation and signification
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AI-assisted research summary: The Board and the Managing Director may delegate their powers and grant powers of attorney, and acts or decisions may be signed by an authorised employee.

Section 82. Delegation and signification Section 82(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. Section 82(2) Any act or decision, or notification thereof, of the Board or the Managing Director under this Act may be signified under the hand of an employee authorized for that purpose.
83
MISCELLANEOUS PROVISIONS - 83. Compensation
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AI-assisted research summary: The Corporation must do as little damage as possible when exercising specified powers; any person who suffers damage is entitled to compensation agreed with the Corporation or, if not agreed, determined by a single arbitrator appointed by the Chief Justice.

Section 83. Compensation Section 83(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 in default of agreement, as may be determined by a single arbitrator appointed by the Chief Justice. Section 83(2)(a) for any damage suffered unless he would have been entitled thereto otherwise than under the provisions of this section; or Section 83(2)(b) for any damage suffered as a result of the user of any works authorized under this Act unless such damage results from negligence in such user.
84
MISCELLANEOUS PROVISIONS - 84. Liability for damage caused by fire
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AI-assisted research summary: The Corporation is not liable for fire damage to buildings within 200 feet of railway rails, but is liable for fire damage from its engines caused by negligence, subject to specific conditions and notice requirements.

Section 84. Liability for damage caused by fire Section 84(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. Section 84(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. Section 84(3)(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 Section 84(3)(b) at the time of such loss or damage such owner or occupier maintained upon such land a firebreak in good condition; and Section 84(3)(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 Section 84(3)(d) within fourteen days of the occurrence of such loss or damage, notice in writing thereof; and Section 84(3)(d)(i) within fourteen days of the occurrence of such loss or damage, notice in writing thereof; and Section 84(3)(d)(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:
85
MISCELLANEOUS PROVISIONS - 85. Burden of proof
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AI-assisted research summary: A person claiming compensation in proceedings against the Corporation under sections 30, 31 or 36 is not required to prove how the loss (or related harms) was caused.

Section 85. Burden of proof Section 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.
86
MISCELLANEOUS PROVISIONS - 86. Notice of claim
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AI-assisted research summary: Entitlement to compensation for non-delivery requires a written claim to the Managing Director within specified time limits; separate notifying and claiming time limits apply and an exception exists if it was impracticable to comply but the claim was made in reasonable time.

Section 86. Notice of claim Section 86(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 necessary, is given to the Managing Director within six months of the date upon which such goods were accepted by the Corporation. Section 86(2)(a) the Managing Director is notified of such fact in writing within four days of the date upon which such goods were delivered, or offered by the Corporation for delivery to the consignee or person entitled to take delivery thereof; and Section 86(2)(b) a claim in writing, giving such particulars as may reasonably be necessary, is given to the Managing Director within one month of such date. Section 86(3) Where the person claiming compensation proves that it was impracticable for him to notify the Managing Director or give the Managing Director his claim as set out in subsections (1) and (2) within the time specified therein, and that such notification or claim was made or given in reasonable time, nothing in those subsections shall prejudice the right of such person to obtain compensation.
87
MISCELLANEOUS PROVISIONS - 87. Limitation
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AI-assisted research summary: An action or legal proceeding against the Corporation may not be commenced until at least one month after written notice with particulars of the claim and intention to commence has been served on the Managing Director by the plaintiff or the plaintiff's agent.

Section 87. Limitation Section the action or legal proceeding shall not be commenced against the Corporation until at least one month after written notice containing the particulars of the claim, and of intention to commence the action or legal proceeding, has been served upon the Managing Director by the plaintiff or his agent; and
88
MISCELLANEOUS PROVISIONS - 88. Restriction on execution against property of Corporation
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AI-assisted research summary: The Managing Director must promptly pay from the Corporation's revenue any amounts awarded against the Corporation by judgment or order to the person entitled.

Section 88. Restriction on execution against property of Corporation Section 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 trains, vehicles, vessels or its other operating equipment, machinery, fixtures or fittings; but the Managing Director shall, without delay, cause to be paid out of the revenue of the Corporation such amounts as may, by the judgment or order, be awarded against the Corporation to the person entitled thereto;
89
MISCELLANEOUS PROVISIONS - 89. Overcharge and undercharge
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AI-assisted research summary: Passengers or the person who paid an overcharge are entitled to a refund of the overcharged amount; unused-ticket refunds are given if a written notice with necessary particulars is given to the Managing Director within two months of the ticket's availability expiry; a claimant may still obtain a refund if they prove to the Managing Director it was impracticable to notify within the time and that notification was made in reasonable time.

Section 89. Overcharge and undercharge Section 89(1)(a) an overcharge, the passenger or the person who paid the charge shall be entitled to a refund of the amount of the overcharge; Section 89(1)(b) by the person claiming such overcharge to the Managing Director; or Section 89(1)(b)(i) by the person claiming such overcharge to the Managing Director; or Section 89(1)(b)(ii) by the Managing Director, to the person against whom the amount of such undercharge is claimed, Section 89(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. Section 89(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.
90
MISCELLANEOUS PROVISIONS - 90. Medical examination of persons claiming compensation
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AI-assisted research summary: A court or authorised person may order a claimant injured by Corporation operations to undergo examination by a named medical practitioner and may order costs for that examination.

Section 90. Medical examination of persons claiming compensation Section 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 examined by a medical practitioner named in the order and may also make such order with respect to the costs of the examination as may be thought fit.
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MISCELLANEOUS PROVISIONS - 91. Service of notice, etc., on the managing director
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AI-assisted research summary: Service of a notice or other document is effected by delivering it to the Managing Director or to any authorized employee.

Section 91. Service of notice, etc., on the managing director Section by delivery of the notice or other document to the Managing Director or to any authorized employee; or
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MISCELLANEOUS PROVISIONS - 92. Service of notice, etc., by the managing director
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AI-assisted research summary: Title: "Service of notice, etc., by the managing director"

Section 92. Service of notice, etc., by the managing director
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MISCELLANEOUS PROVISIONS - 93. Regulations
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AI-assisted research summary: The Cabinet Secretary has the power to make regulations under this section in relation to any matter; that power does not derogate from any other power to make provision in relation to the same matters in a different manner.

Section 93. Regulations Section 93(1)(a) the proper control, management and protection of any such premises, train, vessel or vehicle and any property of the Corporation; Section 93(1)(b) the proper control and management of inland waterways ports and the entrances thereof, the prevention and removal of obstructions therein and the regulation of any work, service or facility performed or provided thereat; Section 93(1)(c) deleted by ActNo. 5 of 2007, s. 24; Section 93(1)(d) the control of all persons on any such premises, the maintenance of order thereon and the admission or exclusion of persons therefrom; Section 93(1)(e) the taking of measures for the prevention of vessels from leaving any inland waterways ports if overloaded, improperly loaded, improperly found, insufficiently manned or without qualified officers or engineers or with a number of passengers in excess of the number that can be carried with reasonable safety or if otherwise unseaworthy; Section 93(1)(e)(i) the taking of measures for the prevention of vessels from leaving any inland waterways ports if overloaded, improperly loaded, improperly found, insufficiently manned or without qualified officers or engineers or with a number of passengers in excess of the number that can be carried with reasonable safety or if otherwise unseaworthy; Section 93(1)(e)(ii) the examination and certification of masters, mates and engineers of vessels engaged in trade upon inland waterways, tugs, dredgers, fishing boats and light craft and the charges and licence fees payable in respect thereof; Section 93(1)(e)(iii) the registration, licensing, inspection and control of ferries, tugs, launches, hulks, fishing or ferry boats or other craft upon inland waterways, the charges to be paid therefor and the number of passengers to be carried therein; and Section 93(1)(f) the protection of vessels and cargoes and the removal, destruction, sale or abandonment of stranded vessels and their cargoes and appurtenances which obstruct or are likely to obstruct the fairway of any inland waterways port, the payment of expenses in connection therewith and the levy and recovery of a rent for the right of a hulk or wreck or wreckage to lie in any inland waterways port. Section 93(2) The power of the Cabinet Secretary to make regulations under this section in relation to any matter shall not be construed as derogating from any other power conferred upon him under this Act to make provision in relation to any such matter in any different manner. [Act No. 5 of 2007 , s. 24]

Part XII

APPLICATION OF LAWS OF THE COMMUNITY, TRANSITIONAL, SAVINGS, ETC.

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APPLICATION OF LAWS OF THE COMMUNITY, TRANSITIONAL, SAVINGS, ETC. - 94. Application of Community laws
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AI-assisted research summary: Section 94 allows the Cabinet Secretary to adapt or modify Community laws by order laid before the National Assembly within six months of commencement, and allows the Cabinet Secretary to modify or revoke certain existing regulations and orders.

Section 94. Application of Community laws Section 94(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. Section 94(2) All regulations and orders made or deemed to be made under section 84 or 96 or any other provision of the East African Railways Corporation Act (E.A. Cap. 18 ) shall, insofar as they apply to Kenya or to the East African Railways Corporation in Kenya or to any employee of the East African Railways Corporation who continues in the service of the Corporation under or by virtue of section 95 , continue in force with necessary adaptations with respect to Kenya and to the Corporation and to any employee thereof and shall be deemed for all purposes to have been made under this Act (both in respect of service occurring, or anything done or failing to be done, before as well as after the commencement of this Act) and may be modified or revoked by the Cabinet Secretary under the corresponding provision of this Act accordingly. Section 94(3) The Cabinet Secretary may by order made and laid before the National Assembly within six months from the commencement of this Act adapt or modify any law of the Community relating to any subject or matter for which provision or to which reference is made in this Act. Section 94(4) This Act shall apply notwithstanding any Community or other written law.
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APPLICATION OF LAWS OF THE COMMUNITY, TRANSITIONAL, SAVINGS, ETC. - 95. Transitional and savings
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AI-assisted research summary: Section 95 makes contracts and liabilities of the former East African Railways Corporation that are wholly performable or dischargeable in Kenya become the contracts and liabilities of the Corporation; preserves employee status for Kenya-based employees; empowers the Cabinet Secretary to transfer property, liabilities or contracts by order; requires public officers to give effect to transfers without fees on request; and allows the Corporation to use vested property pending formal vesting.

Section 95. Transitional and savings Section 95(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. Section 95(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. Section 95(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). Section 95(4) The Cabinet Secretary 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. Section 95(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. Section 95(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. Section 95(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. Section 95(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). Section 95(9)(a) goods or services received and utilized or due to be received and utilised in Kenya by the East African Railways Corporation; Section 95(9)(b) a cause of action in tort which arose in Kenya; Section 95(9)(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). Section 95(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. Section 95(11) Notwithstanding the provisions of this section, subject to any order made by the Cabinet Secretary 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. Section 95(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 Cabinet Secretary may from time to time direct; and the Corporation shall have power, subject to any such direction of the Cabinet Secretary, 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.
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APPLICATION OF LAWS OF THE COMMUNITY, TRANSITIONAL, SAVINGS, ETC. - 96. Contracts, etc. on behalf of Corporation before commencement of this Act
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AI-assisted research summary: Contracts and acts done in Kenya on behalf of Kenya Railways before the Corporation was incorporated by persons acting in good faith and with due or apparent authority are treated as if made or done by the Corporation; times for notices and claims under sections 86 or 89 and limitation periods in section 87 for such matters start from the commencement of this Act.

Section 96. Contracts, etc. on behalf of Corporation before commencement of this Act Section 96(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 authority in that behalf shall be deemed to be a contract, act or thing made or done or an act or thing omitted to be done, as the case may be, by the Corporation under this Act. Section 96(2) The times for notices and claims under section 86 or 89 and the periods of limitation set out in section 87 shall, in respect of any claim, action or legal proceedings arising out of any of the matters covered by subsection (1), commence from the date of the commencement of this Act.

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