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• Section 3 - 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...

• Section 4 - 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...

• Section 5 - 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...

• Section 6 - 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...

• Section 7 - 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...

• Section 8 - 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...

• Section 9 - 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,...

• Section 10 - 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...

• Section 11 - 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...

• Section 12 - 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...

• Section 13 - 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....

• Section 14 - 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...

• Section 15 - 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...

• Section 16 - 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...

• Section 17 - 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 - 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...

• Section 19 - 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...

• Section 20 - 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...

• Section 21 - 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 - 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...

• Section 23 - 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...

• Section 24 - 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...

• Section 25 - 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...

• Section 26 - 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...

• Section 27 - 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...

• Section 28 - 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 - 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...

• Section 30 - 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...

• Section 31 - Funds and resources of the Authority
  

  The funds and resources of each Authority shall consist of— (a) monies paid to it from the Road Fund; (b) any other money appropriated by Parliament for the purposes of the respective Authority;...

• Section 32 - Borrowing power
  

  (1) Subject to subsection (2), an Authority may borrow money required by it for the exercise of its functions and for meeting its obligations after approval by the Minister and the Minister...

• Section 33 - Power to invest funds
  

  Any funds of an Authority not immediately required for any purpose under this Act may be invested in a manner which the respective Board may, with the approval of the Minister and the Minister...

• Section 34 - Authority to prepare a roads investment programme
  

  (1) The Minister shall, once in every five years, in consultation with the authorities and the Kenya Roads Board, cause to be prepared a road investment program for approval by the Minister...

• Section 35 - Authority to prepare annual budget
  

  Each Authority shall, not later than three months before the end of each financial year, cause to be prepared and submitted to the Minister an annual budget based on the five-year road investment...

• Section 36 - Authority to prepare annual works program
  

  An Authority shall, not later than six months before the end of each financial year, cause to be prepared and submitted to the Kenya Roads Board for approval an annual works program based on the...

• Section 37 - Expenditure outside budget
  

  Any activity outside the budget approved under section 35 shall only be undertaken with the approval of the Minister, and shall be funded by the person, body or agency recommending it.

• Section 38 - Accounts and audit
  

  (1) Each Authority shall keep proper books of accounts and shall prepare an annual statement of accounts in conformity with international accounting standards. (2) For each financial year, the...

• Section 39 - Principles of operation
  

  Each Authority shall perform its functions in accordance with sound financial principles and shall ensure, as far as reasonably practicable, that its expenditure is properly chargeable to its revenue....

• Section 40 - Charges and fees to be gazetted
  

  (1) Where an Authority, under section 21(2)(d) stipulates levies, charges or fees for any of its services or for use of its facilities, the schedule of charges shall be published in the Gazette....

• Section 41 - Recovery of debts
  

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

• Section 42 - Protection from liability
  

  No matter or thing done by an officer or employee of an Authority shall, if the thing is done bona fide for executing the functions, powers or duties of the Authority, render such officer or employee...

• Section 43 - Performance agreement
  

  (1) A performance agreement shall be made between the Minister and each Authority concerning the management by the Authority of the part of the roads network for which the Authority is responsible,...

• Section 44 - Annual report
  

  (1) Each Authority shall, within a period of four months after the end of each financial year, submit to the Minister an annual report dealing generally with the activities and operations of the...

• Section 45 - Minister’s power of direction
  

  (1) The Minister shall oversee the performance of the activities of an Authority under this Act and may, in writing, give the Authority directions on matters of policy not inconsistent with the...

• Section 46 - Making of regulations by Authorities
  

  (1) An Authority may with the approval of the Minister make regulations for the better performance of its functions under this Act. (2) Without prejudice to the generality of subsection (1), an...

• Section 47 - Roads to be classified
  

  (1) All public roads under the management of an Authority shall be classified in the manner set out in the First Schedule. (2) In addition to the classification under subsection (1), each public...

• Section 48 - Inventory of roads
  

  (1) Each Authority shall cause to be maintained and kept current an inventory of the roads under its management, in such format and with such detail, including categorisation and identity details, as...

• Section 49 - Structures and other works on, over, and below roads or certain other land
  

  (1) Except as provided in subsection (2), no person or body may do any of the following things without the responsible Authority’s written permission or contrary to such permission— (a) erect,...

• Section 50 - Liability of owner and driver for damage
  

  (1) Where any road is damaged— (a) by reason of any vehicle passing over it in contravention of the provisions of any rules made by an Authority under this Act; or (b) by reason of any vehicle...

• Section 51 - Exemption from taxes and duties etc.
  

  An Authority may, upon application, be exempted from such taxes and duties as the Minister responsible for Finance may, with the approval of Parliament, prescribe.

• Section 52 - Proceedings on failure of Authority to comply with the Act
  

  If at any time it appears to the Minister that any Authority has failed to comply with any of the provisions of this Act, he may, by notice in writing, require the Board of the Authority to make good...