- Section 22 of Kenya Roads Act 2007: 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 and capacities of vehicles using any road and provide measures to ensure compliance with rules...
- Section 23 of Kenya Roads Act 2007: 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 registered owner thereof:
Provided that, notwithstanding the provisions of section 6 of the...
- Section 24 of Kenya Roads Act 2007: 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 of the exercise of the powers conferred by this section, the owner or occupier of the land shall be...
- Section 25 of Kenya Roads Act 2007: 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 Authority, or repairing any damage caused by an accident, enter upon any land and—
(a) cut down or...
- Section 26 of Kenya Roads Act 2007: 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 any electric, telephone, telegraphic, fibre optic or other wire of whatsoever nature, or the position...
- Section 27 of Kenya Roads Act 2007: 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 material conveyed by means of piping;
(b) “wire-borne utilities” refers to wires, devices and...
- Section 28 of Kenya Roads Act 2007: 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 of Kenya Roads Act 2007: 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 Authority, but he shall be entitled to such compensation therefor as may be agreed between him and the...
- Section 30 of Kenya Roads Act 2007: 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 year of the Authority shall be the period commencing on the date of commencement of this Act and...
- Section 31 of Kenya Roads Act 2007: 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;
(c) in the case of the Rural Roads Authority and the Urban Roads
Authority taken together,...
- Section 32 of Kenya Roads Act 2007: 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 responsible for Finance.
(2) The approval under subsection (1) may be either general or limited to a...
- Section 33 of Kenya Roads Act 2007: 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 responsible for Finance, determine.
- Section 34 of Kenya Roads Act 2007: 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 responsible for Finance.
(2) The road investment programme prepared under subsection (1) shall outline...
- Section 35 of Kenya Roads Act 2007: 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 program in respect of the ensuing financial year comprising estimates of expected recurrent,...
- Section 36 of Kenya Roads Act 2007: 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 five-year road investment program in respect of the ensuing financial year, comprising estimates of...
- Section 37 of Kenya Roads Act 2007: 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 of Kenya Roads Act 2007: 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 Authority shall prepare and submit for audit accounts to the Controller and Auditor-General in accordance...
- Section 39 of Kenya Roads Act 2007: 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 of Kenya Roads Act 2007: 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.
(2) The schedule of charges shall come into force on a date specified therein, which shall be at least...
- Section 41 of Kenya Roads Act 2007: Recovery of debts
All debts owed to an Authority under this Act shall be recoverable summarily.
- Section 42 of Kenya Roads Act 2007: 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 personally liable to any action, claim or demand whatsoever.
- Section 43 of Kenya Roads Act 2007: 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, and shall include all the activities that are necessary to develop and maintain such roads in a...
- Section 44 of Kenya Roads Act 2007: 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 Authority.
(2) An annual report submitted under subsection (1) shall include— (a) information with...
- Section 45 of Kenya Roads Act 2007: 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 provisions of this Act.
(2) The Minister may appoint an oversight committee for purposes of subsection...
- Section 46 of Kenya Roads Act 2007: 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 Authority may make regulations—
(a) relating to the use, safety or maintenance of the roads falling...
- 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...
- Section 48 of Kenya Roads Act 2007: 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 may be approved by the Minister.
(2) Such inventory as described in subsection (1) shall, with the...
- Section 49 of Kenya Roads Act 2007: 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, construct or lay, or establish any structure or other thing, on or
over or below the surface of a road...
- Section 50 of Kenya Roads Act 2007: 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 passing over a bridge on the road or coming into contact with any portion thereof other than the...
- Section 51 of Kenya Roads Act 2007: 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.