- 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.
- Section 52 of Kenya Roads Act 2007: 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 the default within such time as may be specified in such notice.
- Section 53 of Kenya Roads Act 2007: 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 where such power has been delegated by an Authority established under this Act or by the Minister....
- Section 54 of Kenya Roads Act 2007: 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 far as may be necessary for the performance of such functions or for due compliance with an order of...
- Section 55 of Kenya Roads Act 2007: 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 a road or vehicle of the Authority.
- 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...
- Section 57 of Kenya Roads Act 2007: 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 56; or
(b) a person proposes to construct a public road or any other works across a road, the...
- Section 58 of Kenya Roads Act 2007: 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 or is likely to endanger the life of any person therein; or
(b) damages or in any way interferes...
- Section 59 of Kenya Roads Act 2007: 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 hours of darkness on any premises occupied by the Authority; or
(b) being on any premises...
- Section 60 of Kenya Roads Act 2007: 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 purpose of any Authority under this Act, commits an offence and is liable on conviction to...
- Section 61 of Kenya Roads Act 2007: 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.