Section 56 of Kenya Roads Act 2007: 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 of lands adjoining those on which the road is constructed—
(a) such access facilities or other works as, in the opinion of such Authority, are necessary for the purpose of making good any interruption caused by the construction of the road to the use of the lands through which the road is constructed;
(b) such culverts, drains or other works as, in the opinion of the Authority, are necessary to convey water as freely as is practicable from or to such adjoining lands as was the case before the construction of the road:
Provided that—
(i) nothing in this section shall require the construction or the maintenance of any accommodation works—
(A) in such a manner as to prevent or obstruct the proper operation of the road; or
(B) where the owners or occupiers, of the lands or their predecessors in title, have received an agreed amount of compensation in consideration of such works not being constructed or maintained;
(ii) where suitable accommodation works for the crossing of roads or watercourses have been constructed under this section and such road or watercourse is afterwards diverted by some person other than the Authority, the Authority shall not be required to construct other accommodation works for the crossing of such road or watercourse.


Disclaimer: This document is not to be taken as legal advise.

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