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 constituted and at every change in membership thereafter shall be by notice published in the Gazette.
(3) No person shall qualify for appointment as a member of the Board of an Authority under section 5 (1)(f), 8 (1)(g) or 11 (1)(g) unless such person is the holder of the Kenya Certificate of Secondary Education or an equivalent qualification and has at least ten years’ practical experience.
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- 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...
- Section 53 - Exercise of certain powers of delegation under the Act
(1) Notwithstanding anything in any law to the contrary, no local authority, or other person shall exercise any power relating to the control, maintenance, development or protection of any road except...
- Section 54 - Confidentiality of information
(1) No member, officer or servant of an Authority shall disclose any information which he has acquired in the performance of his functions as such member, officer or servant to any person except so...
- Section 55 - Authorisation of employees etc.
(1) The Director-General may, by notice in writing, authorize any employee appointed under this section to maintain order upon any premises occupied by the Authority for which he is responsible or on...
- Section 56 - Accommodation works
(1) Where, in the exercise of powers under this Act, an Authority constructs a new road, it shall construct and maintain the following accommodation works for the benefit of the owners and occupiers...
- Section 57 - Additional accommodation works
If at any time—
(a) the owner or occupier of any lands adjacent to which a road is constructed desires any accommodation works in addition to those, if any, constructed by the Authority under...
- Section 58 - Major offences
Any person who unlawfully—
(a) does any act which obstructs or is likely to obstruct the working of any equipment or vehicle belonging to an Authority used in its operations and which act endangers...
- Section 59 - Other offences
(1) Any person who—
(a) not being specifically authorized in that behalf, or an employee or agent of any Authority or occupant of a vehicle with justifiable cause to be present, is found during the...
- Section 60 - False returns
Any person who makes, either knowingly or recklessly, any statement which is false in any material particular in any return, claim or other document which is required or authorized to be made for the...
- Section 61 - Application of regulations to State vehicles
The Minister may, by order published in the Gazette, exempt State vehicles or any category of State vehicles from the provisions of this Act or regulations made thereunder.
- Section 62 - Detention of vehicles
Regulations made under this Act may provide for the detention of vehicles to secure compliance with this Act or any regulations made thereunder, and may make such further provisions as appear to the...