Kenya Roads Act

This Act may be cited as the Kenya Roads Act.

Defines terms used in the Act (for example "Authority", "Director-General", "Highways Authority", "Rural Roads Authority", "Urban Roads Authority", "Cabinet Secretary", "road", and "vehicle").

The Urban Roads Authority is responsible for managing, developing, rehabilitating and maintaining urban public roads (excluding national roads) and must perform a list of functions including construction, maintenance, traffic safety oversight, planning, data collection, coordination with other road authorities, and advising the Cabinet Secretary.

Section 11 lists the composition of the Authority's Board and who appoints certain members.

The Kenya National Highways Authority is described as 'suing and being sued'.

The Highways Authority has duties to manage, develop, rehabilitate and maintain national roads and to perform various related functions listed in subsections (2)(a)–(m).

Section 5 establishes the Board of the Authority and specifies who is to be members and how certain members are appointed.

Establishment of the Kenya Rural Roads Authority; Section suing and being sued;

The Rural Roads Authority is given responsibility for managing, developing, rehabilitating and maintaining rural roads and related functions including planning, standards, traffic oversight, data collection and coordination with other authorities.

Section 8 sets out the composition of the Authority's Board and who appoints some members.

The Kenya Urban Roads Authority is entitled to sue and be sued.

Chairperson and members (excluding ex officio members and public officers) hold office for three years from appointment and are eligible for one further term; appointment notices must be published in the Gazette; candidates must hold the Kenya Certificate of Secondary Education (or equivalent) and have at least ten years' practical experience to qualify for certain Boards.

Each Authority must have a Director-General appointed by the concerned Board in consultation with the Cabinet Secretary; the Director-General runs the Authority day-to-day, serves for five years and may be reappointed once; the Director-General has specified duties (implementation, fund management, staff control, planning, cooperation, management structure, advising, and other Board-assigned duties).

Director-General holds a bachelors degree in civil engineering and a Masterss degree from a university recognized in Kenya.

Each Authority may appoint other officers and staff necessary for the proper and efficient performance of its functions; those officers and staff shall hold office on terms and conditions determined by the concerned Board and specified in their instruments of appointment.

The Board may delegate any of the Authority's powers, duties or functions by instrument of delegation; delegated-power holders and persons exercising delegated powers must follow Board directions; aggrieved persons may appeal to the Board.

Each Board must pay its members remuneration, fees or allowances for expenses as it determines after consulting the Cabinet Secretary and the Cabinet Secretary responsible for finance.

Grants Authority the power to make regulations relating to staff, including appointment, dismissal, discipline, pay, leave and security for staff.

Cabinet Secretary has power to make regulations on staff.

An Authority may establish administrative regions and regional officers and may delegate procurement functions to those offices; any such delegation must comply with the Public Procurement and Disposal Act (Cap. 412C).

An Authority may, in consultation with the Cabinet Secretary, delegate its road-related functions to a suitable corporate body.

Grants the Authority a range of powers as a statutory body, including maintaining and constructing roads, controlling vehicle weights and axle loads, providing amenities, operating machinery, running businesses and levying charges (some powers subject to Cabinet Secretary approval).

Section 23 authorises Authorities to acquire land (by negotiation if privately owned; by Cabinet Secretary or Commissioner actions for public or other land), requires Authorities to bear costs when land is acquired under subsection (2), permits Authorities to surrender surplus land, and defines "public land" and "trust land."

Authorized employees of an Authority may enter and survey any land for the Authority; if damage results from exercising these powers the owner or occupier is entitled to compensation under the Act.

Grants power to enter land to cut down or remove trees or obstructions that obscure traffic signs or to carry out works to prevent or repair accidents; and provides that no compensation is payable if the obstruction arose after erection of the traffic sign or service at that place.

An Authority or its authorised employees may enter land to move wires or drains; they may appoint a representative and require work to be done to that representative's satisfaction; the Authority must maintain supplies and communications during the works; persons harmed by exercise of these powers are entitled to compensation.

If an infrastructure utility is within a road reserve, its provider/operator must relocate it on written request by the responsible Authority at no cost; if an Authority intends to act it must give reasonable notice and the person in control must remove it within sixty days; if they fail the Authority may remove it at that person's cost.

An Authority may, for its purposes, take any water from any natural watercourse, subject to the provisions of the Water Act (Cap. 372).

An Authority must minimise damage when exercising powers; a person who suffers damage is entitled to compensation agreed with the Authority or determined by an arbitrator appointed by the Chief Justice.

Each Authority's financial year is twelve months from 1 July to 30 June of the next year.

The Authority's funds and resources include monies paid to it from the Road Fund.

An Authority may borrow money needed to exercise its functions and meet its obligations, but only after approval by the Cabinet Secretary and the Cabinet Secretary responsible for finance.

The respective Board may invest Authority funds that are not immediately required, subject to approval by the Cabinet Secretary and the Cabinet Secretary responsible for finance.

The Cabinet Secretary must, once every five years and in consultation with the authorities and the Kenya Roads Board, cause a road investment programme to be prepared for approval by the Cabinet Secretary responsible for finance; Authorities must base annual work programmes on the approved five-year programme.

Each Authority must prepare and submit to the Cabinet Secretary an annual budget based on the five-year road investment program.

An Authority must prepare and submit to the Kenya Roads Board an annual works program, based on the five-year road investment program, not later than six months before the end of each financial year for the ensuing financial year.

Any activity outside the approved budget may only be undertaken with the approval of the Cabinet Secretary, and such activity must be funded by the person, body or agency recommending it.

Authorities must keep proper accounting records, prepare annual accounts to international standards, submit them to the Auditor-General for audit under the Public Audit Act, provide facilities for audit, and the Auditor-General may audit at any time, make copies of records, and must report irregularities to the Cabinet Secretary.

Each Authority must act in accordance with sound financial principles and must, as far as reasonably practicable, ensure its expenditure is properly chargeable to its revenue.

An Authority must publish its schedule of levies, charges or fees in the Gazette; the Authority may seize and detain a debtor's vehicle or property if amounts due remain unpaid after demand and the specified payment time, after giving reasonable notice.

All debts owed to an Authority under this Act shall be recoverable summarily.

Officers or employees of an Authority are exempt from personal liability for acts done bona fide in executing the Authority's functions, powers or duties.

Performance agreements must be made between the Cabinet Secretary and each Authority setting out management responsibilities, key outputs, indicators and targets; the Cabinet Secretary may request independent reports; failure to meet agreed targets may lead to dismissal or discipline of the Authority's Director-General.

Each Authority must submit to the Cabinet Secretary an annual report within four months after the end of each financial year, covering specified items including audited accounts, assessments of performance and funding, condition of the road network, coordination progress, and any other information the Cabinet Secretary requests in writing.

The Cabinet Secretary must oversee an Authority's activities and may, in writing, give directions on policy matters not inconsistent with the Act; the Cabinet Secretary may also appoint an oversight committee for that purpose.

An Authority may (with the approval of the Cabinet Secretary) make regulations under this Act; those regulations may prescribe fines up to 100000 shillings or imprisonment up to one year (or both) and additional daily penalties for continuing offences.

An Authority must classify all public roads it manages in the manner set out in the First Schedule; each public road must also have a unique number, name or description; existing classifications and identity numbers in specified departments are to be maintained for the time being; and an Authority may, with the Cabinet Secretary's authority published in the Gazette, add, modify or remove a road category.

Each Authority must keep an up-to-date inventory of the roads under its management in a format and with detail approved by the Cabinet Secretary.

A person must not erect, construct, lay, establish or alter structures on, over or below roads or land in building restricted areas without permission; an Authority may grant or refuse permission, set specifications and owner obligations, require removal with at least thirty days' notice, remove unauthorized items and recover costs; contraventions carry up to one year imprisonment or a fine up to one hundred thousand shillings, or both.

If a vehicle damages a road (including by passing over it in breach of Authority rules, or by passing over or contacting parts of a bridge other than the road surface), the vehicle owner and the driver are jointly and severally liable to the respective Authority; a certificate by a person authorized by the concerned Authority stating the cost is prima facie evidence of that cost.

An Authority may be exempted from specified taxes and duties if it applies.

The Cabinet Secretary may, by written notice, require a Board of an Authority to remedy a failure to comply with the Act within a time specified in the notice when it appears the Authority has failed to comply.

Local authorities and other persons must not exercise powers over the control, maintenance, development or protection of roads unless those powers have been delegated by an Authority established under this Act or by the Cabinet Secretary; each Authority must encourage community and private sector participation in road construction, maintenance and management under its supervision and guidance.

Members, officers or servants of an Authority must not disclose information acquired in performing their functions except as necessary for those functions or to comply with a court order; contravention is an offence punishable by up to three months' imprisonment or a fine up to ten thousand shillings, or both.

The Director-General may, by written notice, authorize any employee appointed under this section to maintain order on Authority premises, roads or vehicles for which the employee is responsible.

Allows such Authority to provide access facilities or other works it considers necessary to make good interruptions to land use caused by road construction.

If the owner or occupier of lands next to a newly constructed road wants additional accommodation works beyond any that the Authority built under section 56.

Offence: doing any act that obstructs or is likely to obstruct Authority equipment or vehicles used in operations, and that endangers or is likely to endanger any person's life.

Being found during the hours of darkness on premises occupied by the Authority when not specifically authorized, or when not an employee/agent of the Authority or an occupant of a vehicle with justifiable cause to be present, is described as an offence.

Any person who makes a materially false statement in a required or authorized return, claim or document for any Authority commits an offence and on conviction may face up to three months' imprisonment, a fine up to ten thousand shillings, or both.

The Cabinet Secretary may, by order published in the Gazette, exempt State vehicles or any category of State vehicles from the provisions of this Act or its regulations.

Regulations made under this Act may provide for detention of vehicles to secure compliance and may make further provisions as appear to the Cabinet Secretary to be necessary or expedient for that detention.

No legal action may be brought solely because of noise and vibration caused by vehicles on a public road.

The Cabinet Secretary may exempt vehicles, persons, roads, services or enterprises from regulations under this Act, subject to conditions.

Service of a notice or other document is effected by delivering it to the Director-General or to any authorized employee of the Authority.

Authority may serve a notice by delivering it to that person.

A plaintiff (or agent) must serve written notice with particulars and intention on the Director-General, and may not commence proceedings against the Authority until at least one month after that notice is served.

If a judgment is obtained against the Authority, the Director-General must promptly pay from the Authority's revenue the amounts awarded by that judgment or order.

Protects the name "Roads Authority" or "Road Authority".

Each Authority must, where appropriate in performing its functions or exercising its powers, consult the Cabinet Secretary, other authorities, bodies or persons and users of its facilities and services; an Authority may set up consultative mechanisms to obtain users' views.

The transitional provisions in the Fourth Schedule apply when this Act commences.

The Cabinet Secretary may, by Order published in the Gazette, amend the Second Schedule.