Kenya Act or statute

Parliament of Kenya

Kenya Roads Board Act

Jurisdiction: Kenya
Structure: 42 provisions
Citation: Cap. 408A
Dates: As at 27 Dec 2024

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Dates: As at 27 Dec 2024

Source attribution: Source: Kenya Law

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Purpose and legislative effect

“This Act may be cited as the Kenya Roads Board ("the Kenya Roads Board established by;") Act.”

This Act may be cited as the Kenya Roads Board ("the Kenya Roads Board established by;") Act. This section provides definitions for terms used in the Act (for example: "Board", "Cabinet Secretary", "Fund", "Highways Authority", "road agency", "road network", "Rural Roads Authority", "Urban Roads Authority", and related terms). The Act applies to the management of the entire road network in Kenya. The Board must pay members remuneration, fees or allowances and may determine the amounts after consulting the Cabinet Secretary responsible for finance. The Board may, by resolution, delegate any of its powers, functions or duties to a committee or to a member, officer, employee or agent of the Board.

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PRELIMINARY - 1. Short title.

This Act may be cited as the Kenya Roads Board ("the Kenya Roads Board established by;") Act.

Section 1

ESTABLISHMENT, POWERS AND FUNCTIONS OF THE KENYA ROADS BOARD - 17. Establishment, powers and functions of the Constituency Roads Committee.

The Constituency Roads Committee must designate a Chairperson and vice-Chairperson, advise the Kenya Rural Roads Authority on the annual roads programme, and meet at least four times a year with a quorum of the Chairperson or vice-Chairperson plus four other…

Section 17

ALLOCATION OF FUNDS TO ROAD AGENCIES - 21. General duty of road agencies.

Road agencies must develop, rehabilitate and maintain the road network consistent with the economy and set standards.

Section 21

FINANCIAL PROVISIONS - 31. The Kenya RoadsBoardFund.

Establishes the Kenya Roads Board Fund, lists its sources of money, retention of balances, permitted expenditures from the Fund, and sets a cap on recurrent expenditure at not more than 3% of total collections in any year.

Section 31

MISCELLANEOUS PROVISIONS - 40.[Deleted by ActNo. 2 of 2007, 5th Sch.]

Section 40 has been deleted.

Section 40

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Showing 42 of 42 provisions

Provision 31Offence 5Amendment 2Commencement 2

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short title.Short title

This Act may be cited as the Kenya Roads Board ("the Kenya Roads Board established by;") Act.

Section 1. Short title. Section This Act may be cited as the Kenya Roads Board ("the Kenya Roads Board established by;") Act.

Section 1Verify source

§ 2PRELIMINARY - 2. Interpretation.Interpretation

This section provides definitions for terms used in the Act (for example: "Board", "Cabinet Secretary", "Fund", "Highways Authority", "road agency", "road network", "Rural Roads Authority", "Urban Roads Authority", and related terms).

Section 2. Interpretation. Section In this Act, unless the context otherwise requires– "Board" means the Kenya Roads Board established by section 4 ; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to roads; "District Roads Committee" spent ; "fuel levy" means the road maintenance fuel levy imposed under section 3 of the Road Maintenance Levy Fund ("the Kenya Roads Board Fund established by;") Act ( Cap. 427 ); "Fund" means the Kenya Roads Board ("the Kenya Roads Board established by;") Fund established by section 31 ; “Highways Authority” means the Kenya National Highways Authority established under the Kenya Roads Act ( Cap. 408 ); "road agency" means any organization or body specified in the Third Schedule, with responsibility for defined categories of roads; "Road maintenance Levy Fund" means the Fund ("the Kenya Roads Board Fund established by;") established by section 7 of the Road Maintenance Levy Fund ("the Kenya Roads Board Fund established by;") Act ( Cap. 427 ); "road network" means the entire road network in Kenya, whether classifed or unclassified, of regional or local importance, public or private, adopted or unadopted, or otherwise howsoever described; “Rural Roads Authority” means the Kenya Rural Roads Authority established under the Kenya Roads Act ( Cap. 408 ); “Urban Roads Authority” means the Kenya Urban Roads Authority established under the Kenya Roads Act ( Cap. 408 ). [Act No. 2 of 2007 , 5th Sch., Act No. 22 of 2022 , s. 56, Act No. 19 of 2024 , s. 2]

Section 2Verify source

§ 3PRELIMINARY - 3. Application.Provision

The Act applies to the management of the entire road network in Kenya.

Section 3. Application. Section The provisions of this Act shall apply, as more specifically provided in the Act, to the management of the entire road network ("the entire road network in Kenya, whether classifed or unclassified, of regional or local importance, public or private, adopted or unadopted, or otherwise howsoever described;") in Kenya.

Section 3Verify source

Part II

ESTABLISHMENT, POWERS AND FUNCTIONS OF THE KENYA ROADS BOARD

§ 10ESTABLISHMENT, POWERS AND FUNCTIONS OF THE KENYA ROADS BOARD - 10. Remuneration ofBoardmembers.Provision

The Board must pay members remuneration, fees or allowances and may determine the amounts after consulting the Cabinet Secretary responsible for finance.

Section 10. Remuneration ofBoardmembers. Section The Board ("the Kenya Roads Board established by;") shall pay members of the Board ("the Kenya Roads Board established by;") such remuneration, fees or allowances for expenses as it may determine after consultation with the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to roads;") for the time being responsible for finance. [Act No. 2 of 2007 , 5th Sch.]

Section 10Verify source

§ 11ESTABLISHMENT, POWERS AND FUNCTIONS OF THE KENYA ROADS BOARD - 11. Delegation by theBoard.Provision

The Board may, by resolution, delegate any of its powers, functions or duties to a committee or to a member, officer, employee or agent of the Board.

Section 11. Delegation by theBoard. Section The Board ("the Kenya Roads Board established by;") may, by resolution either generally or in any particular case, delegate to any committee of the Board ("the Kenya Roads Board established by;") or to any member, officer, employee or agent of the Board ("the Kenya Roads Board established by;") , the exercise of any of the powers or the performance of any of the functions or duties of the Board ("the Kenya Roads Board established by;") under this Act or under any other written law.

Section 11Verify source

§ 12ESTABLISHMENT, POWERS AND FUNCTIONS OF THE KENYA ROADS BOARD - 12. Director-General.Provision

There shall be a Director-General of the Board who shall be appointed by the Board in consultation with the Cabinet Secretary, with terms and conditions determined by the Board.

Section 12. Director-General. Section 12(1) There shall be a Director-General of the Board ("the Kenya Roads Board established by;") who shall be appointed by the Board ("the Kenya Roads Board established by;") in consultation with the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to roads;") and whose terms and conditions of service shall be determined by the Board ("the Kenya Roads Board established by;") in the instrument of appointment or otherwise in writing from time to time. Section 12(2)(a) holds a degree in finance, accounting, law or engineering from a university recognised in Kenya; Section 12(2)(b) has knowledge and at least ten years’ experience in a relevant field; Section 12(2)(c) has served in a senior management position for a period of at least five years; and Section 12(2)(d) satisfies the requirements of Chapter Six of the Constitution. Section 12(3)(a) be an ex officio member of the Board ("the Kenya Roads Board established by;") but shall have no right to vote at any meeting of the Board ("the Kenya Roads Board established by;") ; Section 12(3)(b) be the secretary to the Board ("the Kenya Roads Board established by;") ; and Section 12(3)(c) subject to the directions of the Board ("the Kenya Roads Board established by;") , be responsible for the day to day management of the affairs of the Board ("the Kenya Roads Board established by;") . Section 12(4) The Director-General shall hold office for a period of five years and shall be eligible for re—appointment for one further term of five years. [Act No. 18 of 2018 , Sch., Act No. 20 of 2020 , Sch.]

Section 12Verify source

§ 13ESTABLISHMENT, POWERS AND FUNCTIONS OF THE KENYA ROADS BOARD - 13. Staff of theBoard.Provision

Section 13. Staff of theBoard. Section The Board ("the Kenya Roads Board established by;") may appoint such officers or other staff as are necessary for the proper discharge of its functions under this Act or any other written law, upon such terms and conditions of service as the Board ("the Kenya Roads Board established by;") may determine.

Section 13Verify source

§ 14ESTABLISHMENT, POWERS AND FUNCTIONS OF THE KENYA ROADS BOARD - 14. The common seal of theBoard.Provision

The Board must keep its common seal in custody as the Board may direct; the Board may direct where the seal is kept.

Section 14. The common seal of theBoard. Section 14(1) The common seal of the Board ("the Kenya Roads Board established by;") shall be kept in such custody as the Board ("the Kenya Roads Board established by;") may direct and shall not be used except on the resolution of the Board ("the Kenya Roads Board established by;") . Section 14(2) The common seal of the Board ("the Kenya Roads Board established by;") when affixed to a document and duly authenticated shall be judicially and officially noticed and unless and until the contrary is proved, any necessary resolution or authorization by the Board ("the Kenya Roads Board established by;") under this section shall be presumed to have been duly given.

Section 14Verify source

§ 15ESTABLISHMENT, POWERS AND FUNCTIONS OF THE KENYA ROADS BOARD - 15. Protection from personal liability.Provision

Members, officers, employees or agents of the Board (and persons acting on their directions) shall not be personally liable for acts done bona fide in executing the Board's functions, powers or duties.

Section 15. Protection from personal liability. Section No matter or thing done by a member of the Board ("the Kenya Roads Board established by;") or any officer, employee or agent of the Board ("the Kenya Roads Board established by;") shall, if the matter or thing is done bona fide for executing the functions, powers or duties of the Board ("the Kenya Roads Board established by;") , render the member, officer, employee or agent or any person acting on his directions personally liable to any action, claim or demand whatsoever.

Section 15Verify source

§ 16ESTABLISHMENT, POWERS AND FUNCTIONS OF THE KENYA ROADS BOARD - 16. Liability of theBoardfor damages.Provision

Section 16 makes clear that section 20 does not relieve the Board of liability to pay compensation or damages to any person for injury to them, their property or interests when caused by the Board's exercise of powers or by failure (wholly or partly) of any works.

Section 16. Liability of theBoardfor damages. Section The provisions of section 20 shall not relieve the Board of the liability to pay compensation or damages to any person for an injury to him, his property or any of his interests caused by the exercise of the powers conferred on the Board by this Act or by any other written law or by the failure, whether wholly or partially, of any works.

Section 16Verify source

§ 17ESTABLISHMENT, POWERS AND FUNCTIONS OF THE KENYA ROADS BOARD - 17. Establishment, powers and functions of the Constituency Roads Committee.Provision

Section 17. Establishment, powers and functions of the Constituency Roads Committee. Section 17(1) There is hereby established, for every constituency, a committee to be known as the Constituency Roads Committee. Section 17(2)(a) four members from the respective Constituency Development Fund ("the Kenya Roads Board Fund established by;") Committee; Section 17(2)(b) the Member of Parliament for the Constituency; Section 17(2)(c) a representative of the Kenya Rural Roads Authority in the region, who shall be the Secretary to the Committee; Section 17(2)(d) a representative from the Ministry responsible for planning; Section 17(2)(e) the respective District Commissioner or his representative; and Section 17(2)(f) two members co-opted by the Committee to represent such special interests with regard to roads as the committee may determine from time to time, and who shall not have voting rights. Section 17(3) The Constituency Roads Committee shall designate two of the members appointed under paragraph (a) of subsection (2) to be the Chairperson and vice-Chairperson of the Committee respectively, and any two members from subsection (2)(a) designated by the Committee and the Kenya Rural Roads Authority accountant shall be the signatories to the Constituency Roads Fund account established by the constituency. Section 17(4) The function of the Constituency roads Committee shall be to advise the Kenya Rural Roads Authority on the formulation of the annual roads programme and the roads to be included therein. Section 17(5) The Constituency Roads Committee shall meet at least four times a year, and a quorum shall comprise of the Chairperson or vice-Chairperson and four other members. [Act No. 2 of 2007 , Fifth Sch., Act No. 8 of 2009 , s. 75.]

Section 17Verify source

§ 17AESTABLISHMENT, POWERS AND FUNCTIONS OF THE KENYA ROADS BOARD - 17A. Establishment, powers, and functions of the Constituency Roads Tender Committee.Provision

Establishes a Constituency Roads Tender Committee for every Constituency, sets its membership, appoints a Secretary, requires the committee to procure constituency road works with allocated funds, and provides appointment rules for Chairperson and vice-Chairperson including an ineligibility rule.

Section 17A. Establishment, powers, and functions of the Constituency Roads Tender Committee. Section 17A(1) There is hereby established for every Constituency a committee to be known as the Constituency Roads Tender Committee. Section 17A(2)(a) three representatives of the Constituency Development Fund ("the Kenya Roads Board Fund established by;") Committee who are members of the Constituency Roads Committee; Section 17A(2)(b) a representative of the Kenya Rural Roads Authority in the Region; Section 17A(2)(c) the procurement officer of the Kenya Rural Roads Authority in the region, or his representative, who shall be the Secretary. Section 17A(3) The members of the Constituency Roads Tender Committee shall appoint two of the members referred to in paragraph (2)(a) to be Chairperson and vice-Chairperson of the Committee respectively: Provided that the Chairperson of the Constituency Roads Committee shall not be eligible to be appointed Chairperson or vice-Chairperson of the Constituency Roads Tender Committee. Section 17A(4) The functions of the Constituency Roads Tender Committee shall be to procure road works for the Constituency with funds allocated to the Constituency under this Act. Section 17A(5) The quorum shall be the Chairperson and at least three other members of the Committee. [Act No. 8 of 2009 , s. 75.]

Section 17AVerify source

§ 4ESTABLISHMENT, POWERS AND FUNCTIONS OF THE KENYA ROADS BOARD - 4. Establishment and incorporation of the Kenya RoadsBoard.Provision

Establishes the Kenya Roads Board and gives it powers to sue and be sued, acquire and dispose of property, and perform acts for furthering the Act.

Section 4. Establishment and incorporation of the Kenya RoadsBoard. Section 4(1) There is established a Board ("the Kenya Roads Board established by;") to be known as the Kenya Roads Board ("the Kenya Roads Board established by;") . Section 4(2)(a) suing and being sued; Section 4(2)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; and Section 4(2)(c) doing or performing all other things or acts for the furtherance of the provisions of this Act which may be lawfully done or performed by a body corporate.

Section 4Verify source

§ 5ESTABLISHMENT, POWERS AND FUNCTIONS OF THE KENYA ROADS BOARD - 5. Headquarters.Provision

The Headquarters of the Kenya Roads Board shall be in Nairobi.

Section 5. Headquarters. Section The Headquarters of the Board ("the Kenya Roads Board established by;") shall be in Nairobi.

Section 5Verify source

§ 6ESTABLISHMENT, POWERS AND FUNCTIONS OF THE KENYA ROADS BOARD - 6. Object and purpose of theBoard.Offence

Section 6 sets out the Board's objects and purposes: the Board must oversee Kenya's road network, coordinate maintenance/rehabilitation/development funded by the Fund, and advise the Cabinet Secretary on related matters; it must coordinate optimal use of the Fund, seek efficiency in funded roadworks, monitor and audit delivery, recommend charges and fuel-levy reviews, identify revenue sources, and allocate the Fund remainder annually with Cabinet Secretary approval. Certain road agencies may utilize limited portions of Fund monies for operational/administrative expenses as approved.

Section 6. Object and purpose of theBoard. Section 6(1) The object and purpose for which the Board ("the Kenya Roads Board established by;") is established is to oversee the road network ("the entire road network in Kenya, whether classifed or unclassified, of regional or local importance, public or private, adopted or unadopted, or otherwise howsoever described;") in Kenya and coordinate the maintenance, rehabilitation and development funded by the Fund ("the Kenya Roads Board Fund established by;") and to advise the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to roads;") on all matters related thereto. Section 6(2)(a) co-ordinate the optimal utilisation of the Fund ("the Kenya Roads Board Fund established by;") in implementation of programmes relating to the maintenance, rehabilitation and development of the road network ("the entire road network in Kenya, whether classifed or unclassified, of regional or local importance, public or private, adopted or unadopted, or otherwise howsoever described;") ; Section 6(2)(b) seek to achieve optimal efficiency and cost effectiveness in roadworks funded by the Fund ("the Kenya Roads Board Fund established by;") ; Section 6(2)(c) fifty per cent of the Fund ("the Kenya Roads Board Fund established by;") shall be allocated in accordance with paragraph (d) ; and Section 6(2)(c)(i) fifty per cent of the Fund ("the Kenya Roads Board Fund established by;") shall be allocated in accordance with paragraph (d) ; and Section 6(2)(c)(ii) fifty per cent of the Fund ("the Kenya Roads Board Fund established by;") shall be allocated for the purposes of section 32A (2); Section 6(2)(d) twenty-two percent, which shall be deposited into a special bank account to be called Constituency Roads Fund ("the Kenya Roads Board Fund established by;") Account to be maintained by every Constituency of the allocated funds is allocated equally to all constituencies in the country to be administered by the Rural Roads Authority ; Section 6(2)(d)(i) twenty-two percent, which shall be deposited into a special bank account to be called Constituency Roads Fund ("the Kenya Roads Board Fund established by;") Account to be maintained by every Constituency of the allocated funds is allocated equally to all constituencies in the country to be administered by the Rural Roads Authority ; Section 6(2)(d)(ii) ten percent of the allocated funds is allocated for the maintenance or development of link roads between constituencies and to serve as Government counterpart funds in funding works on rural roads, to be administered by the Kenya Rural Roads Authority and that the said percentum shall be equally distributed to the Constituencies where Kenya Rural Roads Authority has the mandate; Section 6(2)(d)(iii) forty percent of the allocated funds is allocated in respect of the national roads to be administered by the National Highways Authority ; Section 6(2)(d)(iv) fifteen percent of the allocated funds is allocated in respect of the urban roads to be administered by the Urban Roads Authority ; and Section 6(2)(d)(v) one percent of the allocated funds is allocated in respect of roads in national parks and reserves to be administered by the Kenya Wildlife Service; and Section 6(2)(d)(vi) a maximum of two percent of the allocated funds is allocated in respect of the recurrent expenditure of the Board ("the Kenya Roads Board established by;") under section 31 (5); Section 6(2)(e) ensure that the remainder of the monies from the Fund ("the Kenya Roads Board Fund established by;") described in paragraph (d) shall be allocated annually by the Board with the approval of the Cabinet Secretary to road authorities based on an annual work programme derived from the five-year road investment programme approved by the Cabinet Secretary responsible for roads and the Cabinet Secretary for Finance; Section 6(2)(f) ensure that a maximum of ten percent of all monies allocated to each road agency ("any organization or body specified in the Third Schedule, with responsibility for defined categories of roads;") is utilized for development purposes by the said agency; Section 6(2)(g) monitor and evaluate, by means of technical, financial and performance audits, the delivery of goods, works and services funded by the Fund ("the Kenya Roads Board Fund established by;") ; Section 6(2)(h) in implementing paragraph (g) , pay due regard to public procurement and disposal regulations and additional guidelines issued or approved by the Cabinet Secretary; Section 6(2)(i) recommend to the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to roads;") appropriate levels of road user charges, fines, penalties, levies or any sums required to be collected under the Road Maintenance Levy Fund ("the Kenya Roads Board Fund established by;") Act ( Cap. 427 ) and paid into the Fund; Section 6(2)(j) recommend to the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to roads;") such periodic reviews of the fuel levy ("the road maintenance fuel levy imposed under section 3 of the Road Maintenance Levy Fund Act ();") as are necessary for the purposes of the Fund ("the Kenya Roads Board Fund established by;") ; Section 6(2)(k) identify, quantify and recommend to the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to roads;") such other potential sources of revenue as may be available to the Fund ("the Kenya Roads Board Fund established by;") for the development, rehabilitation and maintenance of roads; and Section 6(2)(l) The Highways Authority , the Rural Roads Authority and the Urban Roads Authority may utilize such portion of monies received from the Fund ("the Kenya Roads Board Fund established by;") for operational and administrative expenses as may be approved by the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to roads;") on the advice of the Board ("the Kenya Roads Board established by;") : Section 6(2)(i) in the case of the Highways Authority , four percent; Section 6(2)(ii) in the case of the Rural Roads Authority , five and half percent; and Section 6(2)(iii) in the case of the Urban Roads Authority , five and a half percent.

Section 6Verify source

§ 7ESTABLISHMENT, POWERS AND FUNCTIONS OF THE KENYA ROADS BOARD - 7. Membership of theBoardAmendment

Section 7 sets out membership of the Kenya Roads Board, the appointing authorities for specified members, qualifications required for members appointed under paragraph (h), that the Cabinet Secretary may amend the First Schedule by Gazette notice, and the terms of office (three years, with eligibility for one further term not exceeding three years).

Section 7. Membership of theBoard Section 7(1)(a) a non-executive Chairperson to be appointed by the President from among the members appointed under paragraph (h) ; Section 7(1)(b) the Director-General whose position shall be filled through public advertisement; Section 7(1)(c) the Principal Secretary in the Ministry for the time being responsible for matters relating to roads or his designated alternate, not being below the level of Deputy Secretary; Section 7(1)(d) the Principal Secretary of the Ministry for the time being responsible for matters relating to finance or his designated alternate, not being below the level of Deputy Secretary; Section 7(1)(e) the Principal Secretary in the Ministry for the time being responsible for local authorities or his designated alternate not below the level of Deputy Secretary; Section 7(1)(f) the Principal Secretary in the Ministry for the time being responsible for matters relating to regional co-operation or his designated alternate, not being below the level of Deputy Secretary; Section 7(1)(g) deleted byAct No. 19 of 2024, s. 3(a) Section 7(1)(h) five other members comprising, representatives of each of the organisations specified in the First Schedule and appointed by the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to roads;") from amongst three persons nominated by each of the organisations. Section 7(2) The Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to roads;") may, by notice in the Gazette amend the First Schedule. Section 7(3) No person shall qualify for appointment as a member of the Board ("the Kenya Roads Board established by;") under paragraph (h) of subsection (1) unless such person is the holder of the Kenya Certificate of Secondary Education or an equivalent qualification and has had at least ten years' practical experience. Section 7(4) The Chairperson and members of the Board ("the Kenya Roads Board established by;") , other than the ex officio members 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 of a period not exceeding three years. Section 7(5) The names of all members of the Board ("the Kenya Roads Board established by;") as first constituted and at every change in membership thereafter shall be published in the Kenya Gazette .

Section 7Verify source

§ 8ESTABLISHMENT, POWERS AND FUNCTIONS OF THE KENYA ROADS BOARD - 8. Powers of theBoard.Provision

The Board has the power to control, supervise and administer the Board's assets in a manner that promotes the Board's purpose.

Section 8. Powers of theBoard. Section control, supervise and administer the assets of the Board ("the Kenya Roads Board established by;") in such manner as best promotes the purpose for which the Board ("the Kenya Roads Board established by;") is established;

Section 8Verify source

§ 9ESTABLISHMENT, POWERS AND FUNCTIONS OF THE KENYA ROADS BOARD - 9. Conduct of business and affairs of theBoard.Provision

The Board must have its conduct and regulation of business and affairs provided in the Second Schedule; except as provided there, the Board may regulate its own procedure.

Section 9. Conduct of business and affairs of theBoard. Section 9(1) The conduct and regulation of the business and affairs of the Board ("the Kenya Roads Board established by;") shall be as provided in the Second Schedule. Section 9(2) Except as provided in the Second Schedule, the Board ("the Kenya Roads Board established by;") may regulate its own procedure.

Section 9Verify source

Part III

ALLOCATION OF FUNDS TO ROAD AGENCIES

§ 18ALLOCATION OF FUNDS TO ROAD AGENCIES - 18. Designation of road agencies.Amendment

Section 18 designates organisations listed in the Third Schedule as road agencies, allows the Cabinet Secretary to amend the Third Schedule by Gazette notice, permits those road agencies to designate sub-agencies acceptable to the Board, and permits the Board (in consultation with the Cabinet Secretary) to make designation subject to conditions.

Section 18. Designation of road agencies. Section 18(1) The organisations or bodies specified in the Third Schedule are hereby designated as road agencies for the purposes of this Act. Section 18(1A) The Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to roads;") may, by notice in the Gazette , amend the Third Schedule. Section 18(2) The road agencies referred to in subsection (1) may designate sub-agencies that are acceptable to the Board. Section 18(3) A designation under subsection (2) may be made subject to such conditions as the Board in consultation with the Cabinet Secretary, thinks fit, and where such conditions are made they shall be specified in the notice of designation. Section 18(4)(a) to maintain, rehabilitate and develop such categories of roads as shall be specified in the notice of designation; and Section 18(4)(b) to perform such additional functions as the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to roads;") may, from time to time assign.

Section 18Verify source

§ 19ALLOCATION OF FUNDS TO ROAD AGENCIES - 19. Annual Roads Programmes.Commencement

Road agencies must submit an annual roads programme to the Kenya Roads Board at least six months before the start of each financial year; the Board must submit the programme to Cabinet Secretaries for approval, and the approved programme cannot be varied by a road agency without the Board's prior written approval.

Section 19. Annual Roads Programmes. Section 19(1)(a) the amount of money likely to be available to the Board ("the Kenya Roads Board established by;") for allocation in the coming year; Section 19(1)(b) the priorities of the Board ("the Kenya Roads Board established by;") in funds allocation in the coming year; and Section 19(1)(c) the criteria to be applied in making allocations. Section 19(2) Every road agency ("any organization or body specified in the Third Schedule, with responsibility for defined categories of roads;") shall, at least six months before the commencement of every financial year, submit to the Board ("the Kenya Roads Board established by;") an annual roads programme in such form and containing such details as the Board ("the Kenya Roads Board established by;") shall specify, outlining a comprehensive plan of action for the development rehabilitation and maintenance of roads under the charge of the roads agency and the estimated costs of every activity required to implement the plan of action. Section 19(3) The road agency ("any organization or body specified in the Third Schedule, with responsibility for defined categories of roads;") shall select the roads to be included in its programme. Section 19(4)(a) specify the amounts allocated for the maintenance, rehabilitation and development of each class of roads; Section 19(4)(b) match the cost of implementing the annual roads programme with revenues collected or estimated to be collected by and within the Fund ("the Kenya Roads Board Fund established by;") ; and Section 19(4)(c) identify roads requiring maintenance, rehabilitation or development in order of priority, taking into account social and economic requirements of the country or any part thereof in which roads are located. Section 19(5) The Board ("the Kenya Roads Board established by;") shall submit to the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to roads;") and the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to roads;") for Finance the annual roads programme for approval and the approved programme shall form the basis of funds allocation and auditing of works by the Board ("the Kenya Roads Board established by;") and shall not be varied by the road agency ("any organization or body specified in the Third Schedule, with responsibility for defined categories of roads;") without the prior written approval of the Board ("the Kenya Roads Board established by;") . Section 19(6) Every annual roads programme funded out of any monies whether borrowed or appropriated by the National Assembly shall be managed as approved by the National Assembly. Section 19(7) The Board ("the Kenya Roads Board established by;") shall manage the annual roads programme under sub-section (6) under the directions of the Cabinet Secretary. [Act No. 26 of 2019 , s. 3.]

Section 19Verify source

§ 20ALLOCATION OF FUNDS TO ROAD AGENCIES - 20. Allocation of funds to road agencies.Provision

The Board (the Kenya Roads Board) must allocate funds to road agencies for maintenance, rehabilitation and development of the categories of roads for which they are designated, subject to the provisions of this Act.

Section 20. Allocation of funds to road agencies. Section The Board ("the Kenya Roads Board established by;") shall, subject to the provisions of this Act, allocate funds to road agencies for the maintenance, rehabilitation and development of the categories of roads in respect of which they are designated.

Section 20Verify source

§ 21ALLOCATION OF FUNDS TO ROAD AGENCIES - 21. General duty of road agencies.Provision

Road agencies must develop, rehabilitate and maintain the road network consistent with the economy and set standards.

Section 21. General duty of road agencies. Section development, rehabilitation and maintenance of the road network ("the entire road network in Kenya, whether classifed or unclassified, of regional or local importance, public or private, adopted or unadopted, or otherwise howsoever described;") consistent with the economy and set standards;

Section 21Verify source

§ 22ALLOCATION OF FUNDS TO ROAD AGENCIES - 22. Financial year of roads agencies.Provision

Every road agency must use a financial year of twelve months ending on 30 June each year.

Section 22. Financial year of roads agencies. Section The financial year of every road agency ("any organization or body specified in the Third Schedule, with responsibility for defined categories of roads;") shall be the period of twelve months ending on the thirtieth June in each year.

Section 22Verify source

§ 23ALLOCATION OF FUNDS TO ROAD AGENCIES - 23. Accounts and records to be kept.Provision

Road agencies must keep proper books, records and accounts of funds provided by the Board; the Board must keep proper accounts of the Fund and its costs; the Board may issue directions to road agencies to require additional records.

Section 23. Accounts and records to be kept. Section 23(1) Every road agency ("any organization or body specified in the Third Schedule, with responsibility for defined categories of roads;") shall cause to be kept proper books, records and accounts of all funds provided by the Board ("the Kenya Roads Board established by;") in such format and detail as is specified by the Board ("the Kenya Roads Board established by;") . Section 23(2) The Board ("the Kenya Roads Board established by;") shall cause to be kept proper books and other records of account, in respect of receipts and expenditures of the Fund ("the Kenya Roads Board Fund established by;") , and costs and expenditure of the Board ("the Kenya Roads Board established by;") in accordance with accepted principles and standards of accounting. Section 23(3) The Board ("the Kenya Roads Board established by;") may, at any time, issue directions to a road agency ("any organization or body specified in the Third Schedule, with responsibility for defined categories of roads;") requiring it to maintain such books, records or information in addition to any books, records or information then already maintained by it, as the Board ("the Kenya Roads Board established by;") may consider necessary. [Act No. 2 of 2007 , 5th Sch.]

Section 23Verify source

§ 24ALLOCATION OF FUNDS TO ROAD AGENCIES - 24. Collection of information by theBoard.Provision

The Board (the Kenya Roads Board) must collect data and other information necessary to further its duties.

Section 24. Collection of information by theBoard. Section The Board ("the Kenya Roads Board established by;") shall collect such data and other information as may be necessary for the furtherance of its duties. [Act No. 2 of 2007 , 5th Sch.]

Section 24Verify source

§ 25ALLOCATION OF FUNDS TO ROAD AGENCIES - 25. Furnishing of information.Provision

The Kenya Roads Board may require road agencies to furnish information; every road agency must submit audited accounts within six months after the end of each financial year.

Section 25. Furnishing of information. Section 25(1) The Board ("the Kenya Roads Board established by;") may require any road agency ("any organization or body specified in the Third Schedule, with responsibility for defined categories of roads;") to furnish to it, at such time and in such manner as it may direct, such information as the Board ("the Kenya Roads Board established by;") may require for the proper discharge of its functions under the Act. Section 25(2) Every road agency ("any organization or body specified in the Third Schedule, with responsibility for defined categories of roads;") shall, within six months of the end of each financial year submit to the Board ("the Kenya Roads Board established by;") its audited accounts for that financial year.

Section 25Verify source

§ 26ALLOCATION OF FUNDS TO ROAD AGENCIES - 26. Technical financial and performance audit.Offence

Requires the Kenya Roads Board to cause regular technical, financial and performance audits of works, goods and services financed by the Fund; road agencies and their officers must produce records to an inspector within thirty days; removal of documents during inspection is prohibited; inspector may copy documents; penalties apply for offences under subsection (3).

Section 26. Technical financial and performance audit. Section 26(1) The Board ("the Kenya Roads Board established by;") shall regularly cause a technical, financial and performance audit to be made on works, goods and services financed by the Fund ("the Kenya Roads Board Fund established by;") by an inspector authorized by the Director-General in writing, of any road agency ("any organization or body specified in the Third Schedule, with responsibility for defined categories of roads;") and of those books, accounts and records relating thereto. Section 26(2) When an audit is made under subsection (1) , the road agency concerned and every officer and employee thereof shall produce and make available to the inspector, all the books, accounts, records and other documents of the road agency and such correspondence, statements and information relating to the goods, work and services financed by the Fund as the inspector may require, within thirty days. Section 26(3)(a) the books, accounts, records and other documents shall not, in the course of the inspection, be removed from the premises at which they are produced; Section 26(3)(b) the inspector may make copies of any books, accounts, records and other documents required for the purposes of his report; and Section 26(3)(c) all information obtained in the course of the audit inspection shall be treated as confidential and used solely for the purposes of this Act. Section 26(4) A person convicted of an offence under subsection (3) shall be liable to a fine of not less than one hundred thousand shillings. Section 26(5) Where an offence under subsection (3) is a continuing offence, the person convicted shall in addition to the penalty prescribed in subsection (4) be liable to a fine of one thousand shillings for each day during which the offence continues. [Act No. 2 of 2007 , 5th Sch., Act No. 20 of 2020 , Sch.]

Section 26Verify source

§ 27ALLOCATION OF FUNDS TO ROAD AGENCIES - 27. Powers of the inspector.Offence

Subsection (3) makes a person convicted under subsection (2) liable to a fine of one hundred thousand shillings or to imprisonment for three months or to both; subsection (4) adds a fine of one thousand shillings per day for continuing offences.

Section 27. Powers of the inspector. Section 27(1)(a) give to the inspector all reasonable assistance in connection with the audit; or Section 27(1)(b) appear before the audit for examination concerning matters relevant to the inspection. Section 27(2)(a) refuses or fails to comply with the requirement of an inspector which is applicable to him, to the extent to which he is able to comply with it; or Section 27(2)(b) obstructs or hinders an inspector in the exercise of his powers under this Act; or Section 27(2)(c) furnishes information or makes a statement which he knows to be false or misleading in any material particular; or Section 27(2)(d) when appearing before an inspector for examination, makes a statement which he knows to be false or misleading in any material particular, Section 27(3) A person convicted of an offence under subsection (2) shall be liable to a fine of one hundred thousand shillings or to imprisonment for three months or to both. Section 27(4) Where an offence under subsection (2) is a continuing offence, the person convicted shall, in addition to the penalty prescribed in subsection (3) , be liable to a fine of one thousand shillings for each day during which the offence continues.

Section 27Verify source

§ 28ALLOCATION OF FUNDS TO ROAD AGENCIES - 28. Inspection report.Provision

An inspector appointed under the Act must submit their report to the Director-General.

Section 28. Inspection report. Section An inspector appointed under this Act shall submit his report to the Director-General and the report shall draw attention to any breach of the requirements of this Act and any regulations made thereunder and any other matter revealed or discovered in the course of the inspection warranting, in the opinion of the inspector, remedial action or further investigation. [Act No. 20 of 2020 , Sch.]

Section 28Verify source

§ 29ALLOCATION OF FUNDS TO ROAD AGENCIES - 29. Directions toroad agency.Provision

The Director-General may, by notice in the prescribed form, require any road agency inspected under this Act to comply within a specified date or period with directions the Board considers necessary arising from the report under section 27.

Section 29. Directions toroad agency. Section The Director-General may, by notice in the prescribed form, require any road agency ("any organization or body specified in the Third Schedule, with responsibility for defined categories of roads;") inspected under this Act to comply, by such date or within such period as may be specified therein, with such directions as the Board ("the Kenya Roads Board established by;") considers necessary in connection with any matter arising out of the report made under section 27 . [Act No. 20 of 2020 , Sch.]

Section 29Verify source

§ 30ALLOCATION OF FUNDS TO ROAD AGENCIES - 30. Suspension of funding,etc.Offence

Allows imposition of penalties, including suspension of funding allocations, on road agencies that fail to comply with directions under section 28.

Section 30. Suspension of funding,etc. Section impose such penalties, including the suspension of funding allocations, as it may prescribe on road agencies which fail to comply with any directions issued under section 28 ; or

Section 30Verify source

Part IV

FINANCIAL PROVISIONS

§ 31FINANCIAL PROVISIONS - 31. The Kenya RoadsBoardFund.Provision

Section 31. The Kenya RoadsBoardFund. Section 31(1) There is established a Fund ("the Kenya Roads Board Fund established by;") to be known as the Kenya Roads Board ("the Kenya Roads Board established by;") Fund ("the Kenya Roads Board Fund established by;") which shall vest in the Board ("the Kenya Roads Board established by;") . Section 31(2)(a) all proceeds from the Road Maintenance Levy Fund ("the Kenya Roads Board Fund established by;") ; Section 31(2)(b) such moneys or assets as may accrue to or vest in the Board ("the Kenya Roads Board established by;") in the course of the exercise of its powers or the performance of its functions under this Act or under any other written law; Section 31(2)(c) such sums as may be payable to the Board ("the Kenya Roads Board established by;") pursuant to this Act or any other written law, or pursuant to any gift or trust; Section 31(2)(d) all moneys from any other source provided for or donated or lent to the Board ("the Kenya Roads Board established by;") ; Section 31(2)(e) such monies as may be appropriated by the National Assembly for the development, maintenance and rehabilitation of roads. Section 31(2A)(a) not more than ten percent of the monies appropriated under subsection (2)(e) are allocated for maintenance of roads to be administered by the Kenya Rural Roads Authority; and Section 31(2A)(b) not more than eighteen percent of the monies appropriated under paragraph (a) are allocated for research and standardization, capacity building and monitoring and evaluation, to be administered by the Principal Secretary responsible for matters relating to roads. Section 31(3) All receipts, savings and accruals for the Fund ("the Kenya Roads Board Fund established by;") and the balance of the Fund ("the Kenya Roads Board Fund established by;") at the end of the financial year shall be retained for the purposes for which the Fund ("the Kenya Roads Board Fund established by;") is established. Section 31(4) There shall be paid out of the Fund ("the Kenya Roads Board Fund established by;") any expenditure incurred by the Board ("the Kenya Roads Board established by;") in the exercise of its powers or the performance of its functions under this Act. Section 31(5) The Board ("the Kenya Roads Board established by;") shall with the approval of the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to roads;") , set a ceiling of the money which in any one year may be spent on recurrent expenditure which shall not exceed 3% of the total collections in that year. [Act No. 26 of 2019 , s. 4.]

Section 31Verify source

§ 32FINANCIAL PROVISIONS - 32. Advances to theBoard.Provision

The Board must ensure that in any financial year spending and commitments from the Fund do not exceed the Fund's annual income plus any surplus from previous years; in exceptional circumstances the Cabinet Secretary for Finance may, with Parliament's approval, advance funds to the Board and determine the terms of such advances.

Section 32. Advances to theBoard. Section 32(1) The Board ("the Kenya Roads Board established by;") shall ensure that in any financial year expenditure and commitments from the Fund ("the Kenya Roads Board Fund established by;") shall not exceed the annual income of the Fund ("the Kenya Roads Board Fund established by;") together with any surplus income brought forward from a previous year. Section 32(2) If, in exceptional circumstances, the income from the Fund ("the Kenya Roads Board Fund established by;") or other funds together with any surplus income brought forward from a previous year is insufficient to meet the actual or estimated liabilities of the Board ("the Kenya Roads Board established by;") and the Fund ("the Kenya Roads Board Fund established by;") , the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to roads;") of Finance may, with the approval of Parliament, make advances to the Board ("the Kenya Roads Board established by;") and such advances shall be made on such terms and conditions, whether as to repayment or otherwise, as the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to roads;") for Finance may determine, provided that any such advance shall be repaid from the income of the Fund ("the Kenya Roads Board Fund established by;") .

Section 32Verify source

§ 32AFINANCIAL PROVISIONS - 32A. Power to borrow and set aside funds to secure repaymentsProvision

The Kenya Roads Board may borrow money with the approval of the Cabinet Secretary responsible for roads and the Cabinet Secretary responsible for finance; it may set aside part of the Fund with those approvals when necessary to meet road maintenance, development and rehabilitation financial demands; the Cabinet Secretary must make regulations to carry out the section.

Section 32A. Power to borrow and set aside funds to secure repayments Section 32A(1) The Board ("the Kenya Roads Board established by;") may, with the approval of the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to roads;") and the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to roads;") responsible for matters relating to finance, borrow such monies as may be required for the proper discharge of its functions under this Act. Section 32A(2) The Board ("the Kenya Roads Board established by;") may, with the approval of the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to roads;") and the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to roads;") responsible for matters relating to finance, where it is necessary to meet financial demands for maintenance, development and rehabilitation of roads, set aside a portion of the Fund ("the Kenya Roads Board Fund established by;") for purposes of securing additional funding. Section 32A(3) The Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to roads;") shall make regulations for the better carrying out of this section. [Act No. 26 of 2019 , s. 5.]

Section 32AVerify source

§ 33FINANCIAL PROVISIONS - 33. Investment of funds.Provision

Section 33 permits investment of surplus funds in Government securities or on deposit with banks quoted on an approved securities exchange, and defines "approved securities exchange".

Section 33. Investment of funds. Section 33(1)(a) invest any of its surplus funds in Government securities; Section 33(1)(b) place on deposit with any banks quoted on an approved securities exchange in Kenya as it may determine, any moneys not immediately required for the purposes of the Board ("the Kenya Roads Board established by;") . Section 33(2) In this section, "approved securities exchange" means a securities exchange approved under the Capital Markets Authority Act ( Cap. 485A ). [Act No. 2 of 2007 , 5th Sch.]

Section 33Verify source

§ 34FINANCIAL PROVISIONS - 34. Financial year.Provision

The Board's financial year is the period of twelve months ending on the thirtieth June each year.

Section 34. Financial year. Section The financial year of the Board ("the Kenya Roads Board established by;") shall be the period of twelve months ending on the thirtieth June in each year.

Section 34Verify source

§ 35FINANCIAL PROVISIONS - 35. Annual estimates.Commencement

The Board must prepare and approve annual revenue and expenditure estimates before each financial year, submit them (with the annual roads programme) to Parliament via the Cabinet Secretary, and must not change the estimates thereafter; the estimates must include the items listed in subsections (2)(a)–(e).

Section 35. Annual estimates. Section 35(1) At least three months before the commencement of each financial year, the Board ("the Kenya Roads Board established by;") shall cause to be prepared estimates of the revenue and expenditure of the Board ("the Kenya Roads Board established by;") for that year. Section 35(2)(a) moneys allocated to road agencies under section 19 ; Section 35(2)(b) the payment of the salaries, allowances and other charges in respect of the staff of the Board ("the Kenya Roads Board established by;") ; Section 35(2)(c) the payment of pensions, gratuities and other charges in respect of the staff of the Board ("the Kenya Roads Board established by;") ; Section 35(2)(d) the proper maintenance of the buildings and grounds of the Board ("the Kenya Roads Board established by;") ; and Section 35(2)(e) the maintenance, repair and replacement of the equipment and other property of the Board ("the Kenya Roads Board established by;") . Section 35(2A) The annual estimates shall be submitted together with a collated annual roads programme as provided for in section 19. Section 35(3) The annual estimates shall be approved by the Board ("the Kenya Roads Board established by;") before the commencement of the financial year to which they relate and shall be submitted to Parliament through the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to roads;") for approval and thereafter, the Board ("the Kenya Roads Board established by;") shall not increase or decrease the annual estimates. [Act No. 4 of 2023 , s. 77.]

Section 35Verify source

§ 36FINANCIAL PROVISIONS - 36. Accounts and audit.Provision

The Board must keep proper accounting books and records and must inform the public of its activities, subject to confidentiality or security exceptions.

Section 36. Accounts and audit. Section 36(1) The Board ("the Kenya Roads Board established by;") shall cause to be kept all proper books and records of account of the income, expenditure and assets of the Board ("the Kenya Roads Board established by;") . Section 36(2)(a) a statement of the income and expenditure of the Board ("the Kenya Roads Board established by;") during that year; and Section 36(2)(b) a statement of the assets and liabilities of the Board ("the Kenya Roads Board established by;") on the last day of that year. Section 36(3) The accounts of the Board ("the Kenya Roads Board established by;") shall be audited and reported upon in accordance with Part III of the Public Audit Act ( Cap. 412B ). Section 36(4) The Board ("the Kenya Roads Board established by;") shall inform and keep the public informed of its activities and operations through regular publications and such activities and operations shall be accessible to the public unless there are reasons of commercial confidentiality or security justifying exclusions. Section 36(5) The decision of the Board ("the Kenya Roads Board established by;") to exclude information from the public shall be subject to judicial review. [Act No. 2 of 2007 , 5th Sch.]

Section 36Verify source

Part V

MISCELLANEOUS PROVISIONS

§ 37MISCELLANEOUS PROVISIONS - 37. Rules.Provision

The Kenya Roads Board may make rules, with the approval of the Cabinet Secretary, to better carry out its functions under this Act.

Section 37. Rules. Section The Board ("the Kenya Roads Board established by;") , with the approval of the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to roads;") , may make rules generally for the better carrying out its functions under this Act. [Act No. 3 of 2005 , 4th Sch., Act No. 2 of 2007 , 5th Sch.]

Section 37Verify source

§ 38MISCELLANEOUS PROVISIONS - 38. Powers of theCabinet Secretary.Provision

The Cabinet Secretary has the power to give general directions to the Kenya Roads Board about performing its functions and to provide policy guidelines on maintenance, rehabilitation and development of the road network; subsection (1) was deleted by Act No. 2 of 2007, 5th Sch.

Section 38. Powers of theCabinet Secretary. Section 38(1) Deleted by ActNo. 2 of 2007, 5th Sch. Section 38(2)(a) give directions of a general nature to the Board ("the Kenya Roads Board established by;") relating to the execution of its functions under this Act; and Section 38(2)(b) provide policy guidelines to the Board ("the Kenya Roads Board established by;") on the maintenance, rehabilitation and development of the road network ("the entire road network in Kenya, whether classifed or unclassified, of regional or local importance, public or private, adopted or unadopted, or otherwise howsoever described;") .

Section 38Verify source

§ 39MISCELLANEOUS PROVISIONS - 39. Offences and penaltiesOffence

Anyone who misappropriates or applies proceeds or assets of the Board or the Fund contrary to the Act or the Board's directions is guilty of an offence and liable on conviction to penalties in addition to any other penalties the Board may prescribe; proceeds or assets found to have been misappropriated must be recovered in full from a person found guilty.

Section 39. Offences and penalties Section 39(1) Any person who appropriates or applies or causes any other person to appropriate or apply, any proceeds or assets of the Board ("the Kenya Roads Board established by;") or the Fund ("the Kenya Roads Board Fund established by;") otherwise than in accordance with the Act or the directions of the Board ("the Kenya Roads Board established by;") , shall be guilty of an offence and shall, upon conviction, be liable in addition to any other penalties which the Board ("the Kenya Roads Board established by;") may prescribe, to the penalties prescribed in the Penal Code ( Cap. 63 ) Section 39(2) In addition to the penalties referred to in subsection (1) , all proceeds or assets found to have been misappropriated shall be recovered in full from a person found guilty of an offence under this section.

Section 39Verify source

§ 40MISCELLANEOUS PROVISIONS - 40.[Deleted by ActNo. 2 of 2007, 5th Sch.]Provision

Section 40 has been deleted.

Section 40.[Deleted by ActNo. 2 of 2007, 5th Sch.]

Section 40Verify source

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3 referenced instruments

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Board or the Fund contrary to the Act
Section 39

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Public Audit Act
Section 36
Road Maintenance Levy Fund Act
Section 6

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