Section 47 of Kenya Roads Act 2007: 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 road shall have such number, name or description as to uniquely identify it among all other roads of its class within the country.
(3) All existing road categorisations and classifications and associated identity numbers defined by the Roads Department of the Ministry responsible for Roads prior to the commencement of this Act shall, for the time being, be maintained after the commencement of this Act.
(4) All existing road categorisations and classifications and associated identity numbers defined by the roads section of the Urban Development Department of the Ministry responsible for Local Government or a local Authority prior to the commencement of this Act shall be maintained for the time being after the date of commencement of this Act, save for such amendments as may be necessary to ensure consistency and compliance with the need for unique identity numbers.
(5) An Authority may with the authority of the Minister published in the Gazette, add, modify or remove the category of a road.
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- 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...
- Section 63 - Nuisance caused by vehicles on roads
No action shall lie in respect of nuisance by reason only of the noise and vibration caused by vehicles on a public road.
- Section 64 - Exemptions
Notwithstanding the provisions of this Act, the Minister may, upon the recommendation of an Authority, by notice in the Gazette and on such terms and conditions as may be appropriate, exempt any...
- Section 65 - Service of notice etc. on the Director-General
Any notice or other document required or authorised under this Act to be served on an Authority, or a Director-General, may be served—
(a) by delivery of the notice or other document to the...
- Section 66 - Service of notice etc. by Authority
Any notice or other document required or authorized under this Act to be served on any person by an Authority or a Director-General or any employee may be served—
(a) by delivering it to that...
- Section 67 - Limitation of actions
Where any action or other legal proceeding lies against an Authority for any act done in pursuance or execution, or intended execution of an order made pursuant to this Act or of any public duty, or...
- Section 68 - Restriction on execution against property of Authority
Notwithstanding anything to the contrary in any law—
(a) where any judgment or order has been obtained against an Authority, no execution or attachment, or process in the nature thereof, shall be...
- Section 69 - Protection of name
Any person who, without the written approval of an Authority, assumes for the purposes of business, or registers in terms of any written law relating to companies or business names under the names—...
- Section 70 - Consultation with users or departments
(1) In the performance of its functions or exercise of its powers under this Act, each Authority shall, where appropriate, consult with the Minister, other authorities, bodies or persons and users of...
- Section 71 - Transitional provisions
The transitional provisions set out in the Fourth Schedule shall apply upon the commencement of this Act.
- Section 72 - Consequential amendments
The several written laws specified in the first column of the Fifth Schedule are amended in the provisions set out in the second column of that Schedule in the manner set out in the third column.
- Section 73 - Amendment of Schedule
The Minister may, by Order published in the Gazette, amend the Second Schedule.