Kenya Roads Board Act

Section 1. Short title. Section This Act may be cited as the Kenya Roads Board ("the Kenya Roads Board established by;") Act.

Section 2. Interpretation. Section In this Act, unless the context otherwise requires– "Board" means the Kenya Roads Board established by section 4 ; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to roads; "District Roads Committee" spent ; "fuel levy" means the road maintenance fuel levy imposed under section 3 of the Road Maintenance Levy Fund ("the Kenya Roads Board Fund established by;") Act ( Cap. 427 ); "Fund" means the Kenya Roads Board ("the Kenya Roads Board established by;") Fund established by section 31 ; “Highways Authority” means the Kenya National Highways Authority established under the Kenya Roads Act ( Cap. 408 ); "road agency" means any organization or body specified in the Third Schedule, with responsibility for defined categories of roads; "Road maintenance Levy Fund" means the Fund ("the Kenya Roads Board Fund established by;") established by section 7 of the Road Maintenance Levy Fund ("the Kenya Roads Board Fund established by;") Act ( Cap. 427 ); "road network" means the entire road network in Kenya, whether classifed or unclassified, of regional or local importance, public or private, adopted or unadopt...

Section 3. Application. Section The provisions of this Act shall apply, as more specifically provided in the Act, to the management of the entire road network ("the entire road network in Kenya, whether classifed or unclassified, of regional or local importance, public or private, adopted or unadopted, or otherwise howsoever described;") in Kenya.

Section 4. Establishment and incorporation of the Kenya RoadsBoard. Section 4(1) There is established a Board ("the Kenya Roads Board established by;") to be known as the Kenya Roads Board ("the Kenya Roads Board established by;") . Section 4(2)(a) suing and being sued; Section 4(2)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; and Section 4(2)(c) doing or performing all other things or acts for the furtherance of the provisions of this Act which may be lawfully done or performed by a body corporate.

Section 5. Headquarters. Section The Headquarters of the Board ("the Kenya Roads Board established by;") shall be in Nairobi.

Section 6. Object and purpose of theBoard. Section 6(1) The object and purpose for which the Board ("the Kenya Roads Board established by;") is established is to oversee the road network ("the entire road network in Kenya, whether classifed or unclassified, of regional or local importance, public or private, adopted or unadopted, or otherwise howsoever described;") in Kenya and coordinate the maintenance, rehabilitation and development funded by the Fund ("the Kenya Roads Board Fund established by;") and to advise the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to roads;") on all matters related thereto. Section 6(2)(a) co-ordinate the optimal utilisation of the Fund ("the Kenya Roads Board Fund established by;") in implementation of programmes relating to the maintenance, rehabilitation and development of the road network ("the entire road network in Kenya, whether classifed or unclassified, of regional or local importance, public or private, adopted or unadopted, or otherwise howsoever described;") ; Section 6(2)(b) seek to achieve optimal efficiency and cost effectiveness in roadworks funded by the Fund ("the Kenya Roads Board Fu...

Section 7. Membership of theBoard Section 7(1)(a) a non-executive Chairperson to be appointed by the President from among the members appointed under paragraph (h) ; Section 7(1)(b) the Director-General whose position shall be filled through public advertisement; Section 7(1)(c) the Principal Secretary in the Ministry for the time being responsible for matters relating to roads or his designated alternate, not being below the level of Deputy Secretary; Section 7(1)(d) the Principal Secretary of the Ministry for the time being responsible for matters relating to finance or his designated alternate, not being below the level of Deputy Secretary; Section 7(1)(e) the Principal Secretary in the Ministry for the time being responsible for local authorities or his designated alternate not below the level of Deputy Secretary; Section 7(1)(f) the Principal Secretary in the Ministry for the time being responsible for matters relating to regional co-operation or his designated alternate, not being below the level of Deputy Secretary; Section 7(1)(g) deleted byAct No. 19 of 2024, s. 3(a) Section 7(1)(h) five other members comprising, representatives of each of the organisations specified in th...

Section 8. Powers of theBoard. Section control, supervise and administer the assets of the Board ("the Kenya Roads Board established by;") in such manner as best promotes the purpose for which the Board ("the Kenya Roads Board established by;") is established;

Section 9. Conduct of business and affairs of theBoard. Section 9(1) The conduct and regulation of the business and affairs of the Board ("the Kenya Roads Board established by;") shall be as provided in the Second Schedule. Section 9(2) Except as provided in the Second Schedule, the Board ("the Kenya Roads Board established by;") may regulate its own procedure.

Section 10. Remuneration ofBoardmembers. Section The Board ("the Kenya Roads Board established by;") shall pay members of the Board ("the Kenya Roads Board established by;") such remuneration, fees or allowances for expenses as it may determine after consultation with the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to roads;") for the time being responsible for finance. [Act No. 2 of 2007 , 5th Sch.]

Section 11. Delegation by theBoard. Section The Board ("the Kenya Roads Board established by;") may, by resolution either generally or in any particular case, delegate to any committee of the Board ("the Kenya Roads Board established by;") or to any member, officer, employee or agent of the Board ("the Kenya Roads Board established by;") , the exercise of any of the powers or the performance of any of the functions or duties of the Board ("the Kenya Roads Board established by;") under this Act or under any other written law.

Section 12. Director-General. Section 12(1) There shall be a Director-General of the Board ("the Kenya Roads Board established by;") who shall be appointed by the Board ("the Kenya Roads Board established by;") in consultation with the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to roads;") and whose terms and conditions of service shall be determined by the Board ("the Kenya Roads Board established by;") in the instrument of appointment or otherwise in writing from time to time. Section 12(2)(a) holds a degree in finance, accounting, law or engineering from a university recognised in Kenya; Section 12(2)(b) has knowledge and at least ten years’ experience in a relevant field; Section 12(2)(c) has served in a senior management position for a period of at least five years; and Section 12(2)(d) satisfies the requirements of Chapter Six of the Constitution. Section 12(3)(a) be an ex officio member of the Board ("the Kenya Roads Board established by;") but shall have no right to vote at any meeting of the Board ("the Kenya Roads Board established by;") ; Section 12(3)(b) be the secretary to the Board ("the Kenya Roads Board established...

Section 13. Staff of theBoard. Section The Board ("the Kenya Roads Board established by;") may appoint such officers or other staff as are necessary for the proper discharge of its functions under this Act or any other written law, upon such terms and conditions of service as the Board ("the Kenya Roads Board established by;") may determine.

Section 14. The common seal of theBoard. Section 14(1) The common seal of the Board ("the Kenya Roads Board established by;") shall be kept in such custody as the Board ("the Kenya Roads Board established by;") may direct and shall not be used except on the resolution of the Board ("the Kenya Roads Board established by;") . Section 14(2) The common seal of the Board ("the Kenya Roads Board established by;") when affixed to a document and duly authenticated shall be judicially and officially noticed and unless and until the contrary is proved, any necessary resolution or authorization by the Board ("the Kenya Roads Board established by;") under this section shall be presumed to have been duly given.

Section 15. Protection from personal liability. Section No matter or thing done by a member of the Board ("the Kenya Roads Board established by;") or any officer, employee or agent of the Board ("the Kenya Roads Board established by;") shall, if the matter or thing is done bona fide for executing the functions, powers or duties of the Board ("the Kenya Roads Board established by;") , render the member, officer, employee or agent or any person acting on his directions personally liable to any action, claim or demand whatsoever.

Section 16. Liability of theBoardfor damages. Section The provisions of section 20 shall not relieve the Board of the liability to pay compensation or damages to any person for an injury to him, his property or any of his interests caused by the exercise of the powers conferred on the Board by this Act or by any other written law or by the failure, whether wholly or partially, of any works.

Section 17. Establishment, powers and functions of the Constituency Roads Committee. Section 17(1) There is hereby established, for every constituency, a committee to be known as the Constituency Roads Committee. Section 17(2)(a) four members from the respective Constituency Development Fund ("the Kenya Roads Board Fund established by;") Committee; Section 17(2)(b) the Member of Parliament for the Constituency; Section 17(2)(c) a representative of the Kenya Rural Roads Authority in the region, who shall be the Secretary to the Committee; Section 17(2)(d) a representative from the Ministry responsible for planning; Section 17(2)(e) the respective District Commissioner or his representative; and Section 17(2)(f) two members co-opted by the Committee to represent such special interests with regard to roads as the committee may determine from time to time, and who shall not have voting rights. Section 17(3) The Constituency Roads Committee shall designate two of the members appointed under paragraph (a) of subsection (2) to be the Chairperson and vice-Chairperson of the Committee respectively, and any two members from subsection (2)(a) designated by the Committee and the Kenya Rural Ro...

Section 17A. Establishment, powers, and functions of the Constituency Roads Tender Committee. Section 17A(1) There is hereby established for every Constituency a committee to be known as the Constituency Roads Tender Committee. Section 17A(2)(a) three representatives of the Constituency Development Fund ("the Kenya Roads Board Fund established by;") Committee who are members of the Constituency Roads Committee; Section 17A(2)(b) a representative of the Kenya Rural Roads Authority in the Region; Section 17A(2)(c) the procurement officer of the Kenya Rural Roads Authority in the region, or his representative, who shall be the Secretary. Section 17A(3) The members of the Constituency Roads Tender Committee shall appoint two of the members referred to in paragraph (2)(a) to be Chairperson and vice-Chairperson of the Committee respectively: Provided that the Chairperson of the Constituency Roads Committee shall not be eligible to be appointed Chairperson or vice-Chairperson of the Constituency Roads Tender Committee. Section 17A(4) The functions of the Constituency Roads Tender Committee shall be to procure road works for the Constituency with funds allocated to the Constituency under t...

Section 18. Designation of road agencies. Section 18(1) The organisations or bodies specified in the Third Schedule are hereby designated as road agencies for the purposes of this Act. Section 18(1A) The Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to roads;") may, by notice in the Gazette , amend the Third Schedule. Section 18(2) The road agencies referred to in subsection (1) may designate sub-agencies that are acceptable to the Board. Section 18(3) A designation under subsection (2) may be made subject to such conditions as the Board in consultation with the Cabinet Secretary, thinks fit, and where such conditions are made they shall be specified in the notice of designation. Section 18(4)(a) to maintain, rehabilitate and develop such categories of roads as shall be specified in the notice of designation; and Section 18(4)(b) to perform such additional functions as the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to roads;") may, from time to time assign.

Section 19. Annual Roads Programmes. Section 19(1)(a) the amount of money likely to be available to the Board ("the Kenya Roads Board established by;") for allocation in the coming year; Section 19(1)(b) the priorities of the Board ("the Kenya Roads Board established by;") in funds allocation in the coming year; and Section 19(1)(c) the criteria to be applied in making allocations. Section 19(2) Every road agency ("any organization or body specified in the Third Schedule, with responsibility for defined categories of roads;") shall, at least six months before the commencement of every financial year, submit to the Board ("the Kenya Roads Board established by;") an annual roads programme in such form and containing such details as the Board ("the Kenya Roads Board established by;") shall specify, outlining a comprehensive plan of action for the development rehabilitation and maintenance of roads under the charge of the roads agency and the estimated costs of every activity required to implement the plan of action. Section 19(3) The road agency ("any organization or body specified in the Third Schedule, with responsibility for defined categories of roads;") shall select the roads to...

Section 20. Allocation of funds to road agencies. Section The Board ("the Kenya Roads Board established by;") shall, subject to the provisions of this Act, allocate funds to road agencies for the maintenance, rehabilitation and development of the categories of roads in respect of which they are designated.

Section 21. General duty of road agencies. Section development, rehabilitation and maintenance of the road network ("the entire road network in Kenya, whether classifed or unclassified, of regional or local importance, public or private, adopted or unadopted, or otherwise howsoever described;") consistent with the economy and set standards;

Section 22. Financial year of roads agencies. Section The financial year of every road agency ("any organization or body specified in the Third Schedule, with responsibility for defined categories of roads;") shall be the period of twelve months ending on the thirtieth June in each year.

Section 23. Accounts and records to be kept. Section 23(1) Every road agency ("any organization or body specified in the Third Schedule, with responsibility for defined categories of roads;") shall cause to be kept proper books, records and accounts of all funds provided by the Board ("the Kenya Roads Board established by;") in such format and detail as is specified by the Board ("the Kenya Roads Board established by;") . Section 23(2) The Board ("the Kenya Roads Board established by;") shall cause to be kept proper books and other records of account, in respect of receipts and expenditures of the Fund ("the Kenya Roads Board Fund established by;") , and costs and expenditure of the Board ("the Kenya Roads Board established by;") in accordance with accepted principles and standards of accounting. Section 23(3) The Board ("the Kenya Roads Board established by;") may, at any time, issue directions to a road agency ("any organization or body specified in the Third Schedule, with responsibility for defined categories of roads;") requiring it to maintain such books, records or information in addition to any books, records or information then already maintained by it, as the Board ("the...

Section 24. Collection of information by theBoard. Section The Board ("the Kenya Roads Board established by;") shall collect such data and other information as may be necessary for the furtherance of its duties. [Act No. 2 of 2007 , 5th Sch.]

Section 25. Furnishing of information. Section 25(1) The Board ("the Kenya Roads Board established by;") may require any road agency ("any organization or body specified in the Third Schedule, with responsibility for defined categories of roads;") to furnish to it, at such time and in such manner as it may direct, such information as the Board ("the Kenya Roads Board established by;") may require for the proper discharge of its functions under the Act. Section 25(2) Every road agency ("any organization or body specified in the Third Schedule, with responsibility for defined categories of roads;") shall, within six months of the end of each financial year submit to the Board ("the Kenya Roads Board established by;") its audited accounts for that financial year.

Section 26. Technical financial and performance audit. Section 26(1) The Board ("the Kenya Roads Board established by;") shall regularly cause a technical, financial and performance audit to be made on works, goods and services financed by the Fund ("the Kenya Roads Board Fund established by;") by an inspector authorized by the Director-General in writing, of any road agency ("any organization or body specified in the Third Schedule, with responsibility for defined categories of roads;") and of those books, accounts and records relating thereto. Section 26(2) When an audit is made under subsection (1) , the road agency concerned and every officer and employee thereof shall produce and make available to the inspector, all the books, accounts, records and other documents of the road agency and such correspondence, statements and information relating to the goods, work and services financed by the Fund as the inspector may require, within thirty days. Section 26(3)(a) the books, accounts, records and other documents shall not, in the course of the inspection, be removed from the premises at which they are produced; Section 26(3)(b) the inspector may make copies of any books, accounts,...

Section 27. Powers of the inspector. Section 27(1)(a) give to the inspector all reasonable assistance in connection with the audit; or Section 27(1)(b) appear before the audit for examination concerning matters relevant to the inspection. Section 27(2)(a) refuses or fails to comply with the requirement of an inspector which is applicable to him, to the extent to which he is able to comply with it; or Section 27(2)(b) obstructs or hinders an inspector in the exercise of his powers under this Act; or Section 27(2)(c) furnishes information or makes a statement which he knows to be false or misleading in any material particular; or Section 27(2)(d) when appearing before an inspector for examination, makes a statement which he knows to be false or misleading in any material particular, Section 27(3) A person convicted of an offence under subsection (2) shall be liable to a fine of one hundred thousand shillings or to imprisonment for three months or to both. Section 27(4) Where an offence under subsection (2) is a continuing offence, the person convicted shall, in addition to the penalty prescribed in subsection (3) , be liable to a fine of one thousand shillings for each day during whi...

Section 28. Inspection report. Section An inspector appointed under this Act shall submit his report to the Director-General and the report shall draw attention to any breach of the requirements of this Act and any regulations made thereunder and any other matter revealed or discovered in the course of the inspection warranting, in the opinion of the inspector, remedial action or further investigation. [Act No. 20 of 2020 , Sch.]

Section 29. Directions toroad agency. Section The Director-General may, by notice in the prescribed form, require any road agency ("any organization or body specified in the Third Schedule, with responsibility for defined categories of roads;") inspected under this Act to comply, by such date or within such period as may be specified therein, with such directions as the Board ("the Kenya Roads Board established by;") considers necessary in connection with any matter arising out of the report made under section 27 . [Act No. 20 of 2020 , Sch.]

Section 30. Suspension of funding,etc. Section impose such penalties, including the suspension of funding allocations, as it may prescribe on road agencies which fail to comply with any directions issued under section 28 ; or

Section 31. The Kenya RoadsBoardFund. Section 31(1) There is established a Fund ("the Kenya Roads Board Fund established by;") to be known as the Kenya Roads Board ("the Kenya Roads Board established by;") Fund ("the Kenya Roads Board Fund established by;") which shall vest in the Board ("the Kenya Roads Board established by;") . Section 31(2)(a) all proceeds from the Road Maintenance Levy Fund ("the Kenya Roads Board Fund established by;") ; Section 31(2)(b) such moneys or assets as may accrue to or vest in the Board ("the Kenya Roads Board established by;") in the course of the exercise of its powers or the performance of its functions under this Act or under any other written law; Section 31(2)(c) such sums as may be payable to the Board ("the Kenya Roads Board established by;") pursuant to this Act or any other written law, or pursuant to any gift or trust; Section 31(2)(d) all moneys from any other source provided for or donated or lent to the Board ("the Kenya Roads Board established by;") ; Section 31(2)(e) such monies as may be appropriated by the National Assembly for the development, maintenance and rehabilitation of roads. Section 31(2A)(a) not more than ten percent of t...

Section 32. Advances to theBoard. Section 32(1) The Board ("the Kenya Roads Board established by;") shall ensure that in any financial year expenditure and commitments from the Fund ("the Kenya Roads Board Fund established by;") shall not exceed the annual income of the Fund ("the Kenya Roads Board Fund established by;") together with any surplus income brought forward from a previous year. Section 32(2) If, in exceptional circumstances, the income from the Fund ("the Kenya Roads Board Fund established by;") or other funds together with any surplus income brought forward from a previous year is insufficient to meet the actual or estimated liabilities of the Board ("the Kenya Roads Board established by;") and the Fund ("the Kenya Roads Board Fund established by;") , the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to roads;") of Finance may, with the approval of Parliament, make advances to the Board ("the Kenya Roads Board established by;") and such advances shall be made on such terms and conditions, whether as to repayment or otherwise, as the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters rela...

Section 33. Investment of funds. Section 33(1)(a) invest any of its surplus funds in Government securities; Section 33(1)(b) place on deposit with any banks quoted on an approved securities exchange in Kenya as it may determine, any moneys not immediately required for the purposes of the Board ("the Kenya Roads Board established by;") . Section 33(2) In this section, "approved securities exchange" means a securities exchange approved under the Capital Markets Authority Act ( Cap. 485A ). [Act No. 2 of 2007 , 5th Sch.]

Section 34. Financial year. Section The financial year of the Board ("the Kenya Roads Board established by;") shall be the period of twelve months ending on the thirtieth June in each year.

Section 35. Annual estimates. Section 35(1) At least three months before the commencement of each financial year, the Board ("the Kenya Roads Board established by;") shall cause to be prepared estimates of the revenue and expenditure of the Board ("the Kenya Roads Board established by;") for that year. Section 35(2)(a) moneys allocated to road agencies under section 19 ; Section 35(2)(b) the payment of the salaries, allowances and other charges in respect of the staff of the Board ("the Kenya Roads Board established by;") ; Section 35(2)(c) the payment of pensions, gratuities and other charges in respect of the staff of the Board ("the Kenya Roads Board established by;") ; Section 35(2)(d) the proper maintenance of the buildings and grounds of the Board ("the Kenya Roads Board established by;") ; and Section 35(2)(e) the maintenance, repair and replacement of the equipment and other property of the Board ("the Kenya Roads Board established by;") . Section 35(2A) The annual estimates shall be submitted together with a collated annual roads programme as provided for in section 19. Section 35(3) The annual estimates shall be approved by the Board ("the Kenya Roads Board established by...

Section 36. Accounts and audit. Section 36(1) The Board ("the Kenya Roads Board established by;") shall cause to be kept all proper books and records of account of the income, expenditure and assets of the Board ("the Kenya Roads Board established by;") . Section 36(2)(a) a statement of the income and expenditure of the Board ("the Kenya Roads Board established by;") during that year; and Section 36(2)(b) a statement of the assets and liabilities of the Board ("the Kenya Roads Board established by;") on the last day of that year. Section 36(3) The accounts of the Board ("the Kenya Roads Board established by;") shall be audited and reported upon in accordance with Part III of the Public Audit Act ( Cap. 412B ). Section 36(4) The Board ("the Kenya Roads Board established by;") shall inform and keep the public informed of its activities and operations through regular publications and such activities and operations shall be accessible to the public unless there are reasons of commercial confidentiality or security justifying exclusions. Section 36(5) The decision of the Board ("the Kenya Roads Board established by;") to exclude information from the public shall be subject to judicial r...

Section 32A. Power to borrow and set aside funds to secure repayments Section 32A(1) The Board ("the Kenya Roads Board established by;") may, with the approval of the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to roads;") and the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to roads;") responsible for matters relating to finance, borrow such monies as may be required for the proper discharge of its functions under this Act. Section 32A(2) The Board ("the Kenya Roads Board established by;") may, with the approval of the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to roads;") and the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to roads;") responsible for matters relating to finance, where it is necessary to meet financial demands for maintenance, development and rehabilitation of roads, set aside a portion of the Fund ("the Kenya Roads Board Fund established by;") for purposes of securing additional funding. Section 32A(3) The Cabinet Secretary ("the Cabinet Secretary for the time being...

Section 37. Rules. Section The Board ("the Kenya Roads Board established by;") , with the approval of the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to roads;") , may make rules generally for the better carrying out its functions under this Act. [Act No. 3 of 2005 , 4th Sch., Act No. 2 of 2007 , 5th Sch.]

Section 38. Powers of theCabinet Secretary. Section 38(1) Deleted by ActNo. 2 of 2007, 5th Sch. Section 38(2)(a) give directions of a general nature to the Board ("the Kenya Roads Board established by;") relating to the execution of its functions under this Act; and Section 38(2)(b) provide policy guidelines to the Board ("the Kenya Roads Board established by;") on the maintenance, rehabilitation and development of the road network ("the entire road network in Kenya, whether classifed or unclassified, of regional or local importance, public or private, adopted or unadopted, or otherwise howsoever described;") .

Section 39. Offences and penalties Section 39(1) Any person who appropriates or applies or causes any other person to appropriate or apply, any proceeds or assets of the Board ("the Kenya Roads Board established by;") or the Fund ("the Kenya Roads Board Fund established by;") otherwise than in accordance with the Act or the directions of the Board ("the Kenya Roads Board established by;") , shall be guilty of an offence and shall, upon conviction, be liable in addition to any other penalties which the Board ("the Kenya Roads Board established by;") may prescribe, to the penalties prescribed in the Penal Code ( Cap. 63 ) Section 39(2) In addition to the penalties referred to in subsection (1) , all proceeds or assets found to have been misappropriated shall be recovered in full from a person found guilty of an offence under this section.

Section 40.[Deleted by ActNo. 2 of 2007, 5th Sch.]