Kenya Roads Act 2007 — Sections and Provisions

Section 1 of Kenya Roads Act 2007: Short title

This Act may be cited as the Kenya Roads Act, 2007.

Section 2 of Kenya Roads Act 2007: Interpretation

In this Act, unless the context otherwise requires— “Authority” means the Highways Authority, the Rural Roads Authority or the Urban Roads Authority; “city” shall have the meaning assigned to it under the Local Government Act (Cap. 265); “class” in relation to a road means the categorization assigne…

Section 3 of Kenya Roads Act 2007: Establishment of the Kenya National Highways Authority

There is established an Authority to be known as the Kenya National Highways Authority, which shall be a body corporate with perpetual succession and a common seal, and which shall, subject to this Act, be capable in its corporate name of— (a) suing and being sued; (b) taking, purchasing or otherwis…

Section 4 of Kenya Roads Act 2007: Functions of the Authority

(1) The Highways Authority shall be responsible for the management, development, rehabilitation and maintenance of national roads. (2) For the purposes of discharging its responsibility under subsection (1), the Highways Authority shall have the following functions and duties— (a) constructing, upgr…

Section 5 of Kenya Roads Act 2007: The Board of the Authority

(1) The Highways Authority shall be managed by a Board which shall consist of the following members— (a) a non-executive Chairman who shall be appointed by the President from amongst the members appointed under paragraph (f); (b) the Permanent Secretary in the Ministry responsible for roads or his r…

Section 6 of Kenya Roads Act 2007: Establishment of the Kenya Rural Roads Authority

(1) There is hereby established an Authority to be known as the Kenya Rural Roads Authority, which shall be a body corporate with perpetual succession and a common seal, and which shall, subject to this Act, be capable in its corporate name of— (a) suing and being sued; (b) taking, purchasing or oth…

Section 7 of Kenya Roads Act 2007: Functions of the Authority

(1) The Rural Roads Authority shall have responsibility for the management, development, rehabilitation and maintenance of rural roads. (2) For the purpose of discharging the responsibility described in subsection (1) above the Rural Roads Authority shall have the following functions and duties— (a)…

Section 8 of Kenya Roads Act 2007: The Board of the Authority

(1) The Rural Roads Authority shall be managed by a Board which shall consist of the following members— (a) a non-executive Chairman who shall be appointed by the President from amongst the members appointed under paragraph (f); (b) the Permanent Secretary of the Ministry responsible for roads or hi…

Section 9 of Kenya Roads Act 2007: Establishment of Kenya Urban Roads Authority

(1) There is established an Authority to be known as the Kenya Urban Roads Authority which shall be a body corporate with perpetual succession and a common seal, and which shall, subject to this Act, be capable in its corporate name of— (a) suing and being sued; (b) taking, purchasing or otherwise a…

Section 10 of Kenya Roads Act 2007: Functions of the Authority

(1) The Urban Roads Authority shall have the responsibility for the management, development, rehabilitation and maintenance of all public roads in the cities and municipalities in Kenya except where those roads are national roads. (2) For the purposes of discharging its responsibility under subsecti…

Section 11 of Kenya Roads Act 2007: Board of the Authority

(1) The Urban Roads Authority shall be managed by a Board which shall consist of the following members— (a) a non-executive Chairman who shall be appointed by the President from amongst the members appointed under paragraph (g); (b) the Permanent Secretary of the Ministry responsible for roads or hi…

Section 12 of Kenya Roads Act 2007: Tenure of office

(1) The Chairman and members of each Board, other than the ex officio members and public officers, shall hold office for a period of three years from the date of appointment but shall be eligible for re-appointment for one further term. (2) The appointment of all members of each Board as first const…

Section 13 of Kenya Roads Act 2007: Director-General

(1) Each Authority shall have a Director-General, who shall be appointed by the concerned Board in consultation with the Minister from among three candidates competitively selected by the Board. (2) The Director-General shall be responsible for the day to day operations and administration of the Aut…

Section 14 of Kenya Roads Act 2007: Qualifications of Director-General

A person shall be qualified for appointment as Director-General if such person— (a) is registered with the Engineers Registration Board of Kenya in the category of registered engineer in the field of highway engineering and is a member of the Institution of Engineers of Kenya; and (b) has at least f…

Section 15 of Kenya Roads Act 2007: Other staff of the Authority

(1) Each Authority may appoint such other officers and staff as may be necessary for the proper and efficient performance of its functions. (2) The officers and staff appointed under this section shall hold office on such terms and conditions as may be determined by the concerned Board and specified…

Section 16 of Kenya Roads Act 2007: Delegation by Board

(1) A Board may, by instrument of delegation, delegate to the Chairman, a member of the Board, an officer of the Authority or to a Committee of the Board established under the Third Schedule, any of the powers, duties or functions of the Authority under this Act. (2) The terms and conditions regulat…

Section 17 of Kenya Roads Act 2007: Remuneration of Board members

Each Board shall pay its members such remuneration, fees or allowances for expenses as it may determine after consultation with the Minister and the Minister responsible for finance.

Section 18 of Kenya Roads Act 2007: Authority to make regulations relating to staff

An Authority may make regulations generally relating to the conditions of service of its officers and servants, and in particular, but without prejudice to the generality of the foregoing, may make regulations relating to— (a) the appointment, dismissal, discipline, pay and leave of, and the securit…

Section 19 of Kenya Roads Act 2007: Regulations on staff by Minister

Subject to this Act, the Minister may make regulations generally relating to the conditions of service of employees of Authorities and, without prejudice to the generality of the foregoing, may make regulations relating to— (a) the grant of pensions, gratuities and other retiring allowances to emplo…

Section 20 of Kenya Roads Act 2007: Regional offices

(1) Each Authority may establish such administrative regions and regional officers, as may be necessary for the furtherance of its functions. (2) Where an Authority establishes administrative regions and regional offices under subsection (1), it may delegate to such offices such procurement function…

Section 21 of Kenya Roads Act 2007: Delegation of functions by Authority

Notwithstanding any other provision of this Act an Authority may, in consultation with the Minister, delegate its functions in relation to roads under its jurisdiction to a suitable corporate body.

Section 22 of Kenya Roads Act 2007: Powers of the Authority as a statutory body

(1) An Authority shall have power— (a) to maintain, operate, improve and manage the roads under its jurisdiction; (b) to construct new roads; (c) to measure and assess the weights, dimensions and capacities of vehicles using any road and provide measures to ensure compliance with rules relating to a…

Section 23 of Kenya Roads Act 2007: Acquisition of land for the purposes of the Authority

(1) Where an Authority requires any land for its purposes under this Act, such Authority may either— (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 Cont…

Section 24 of Kenya Roads Act 2007: Power to enter and survey land

(1) Any authorized employee of an Authority may, for the purposes of the Authority, enter upon any land and survey such land or any portion thereof. (2) Where any damage to land is caused by reason of the exercise of the powers conferred by this section, the owner or occupier of the land shall be en…

Section 25 of Kenya Roads Act 2007: Power to enter land to prevent accidents, etc.

(1) Any authorized employee of an Authority may for the purposes of preventing the occurrence of any accident, preserving the safety of traffic or the safe operation of any service provided by such Authority, or repairing any damage caused by an accident, enter upon any land and— (a) cut down or rem…

Section 26 of Kenya Roads Act 2007: Power to enter and to alter position of pipes, etc.

(1) Subject to the provisions of this section, an Authority, or any of its employees authorised in that behalf, may, for the purposes of such Authority, enter upon any land and alter the position of any electric, telephone, telegraphic, fibre optic or other wire of whatsoever nature, or the position…

Section 27 of Kenya Roads Act 2007: Power to remove pipes etc. from within the road reserve

(1) For purposes of this section— (a) “pipe-borne utilities” refers to any pipes. devices and fittings for the supply or transmission of gas, oil products, water, wastewater, compressed air and any material conveyed by means of piping; (b) “wire-borne utilities” refers to wires, devices and fittings…

Section 28 of Kenya Roads Act 2007: Power to take water

An Authority may, for its purposes, take any water from any natural watercourse subject to the provisions of the Water Act (No. 8 of 2002).

Section 29 of Kenya Roads Act 2007: Compensation

In exercising the powers conferred by sections 23, 24, 25, and 26, an Authority shall do as little damage as possible, and, where any person suffers damage, no action or suit shall lie against the Authority, but he shall be entitled to such compensation therefor as may be agreed between him and the…

Section 30 of Kenya Roads Act 2007: Financial year

The financial year of each Authority shall be the period of twelve months commencing on the 1st of July and ending on the 30th of June in the next succeeding year: Provided that the first financial year of the Authority shall be the period commencing on the date of commencement of this Act and endin…