CHAPTER 2 of 2007 - KENYA ROADS ACT | HOME
26. Power to enter and to alter position of pipes, etc.
Power to enter land to prevent accidents, etc. Power to remove pipes etc from within the road reserve.
Power to enter and to alter position of pipes, etc.   26. (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 of any drain or sewer.

(2) Where an Authority intends to exercise any power under subsection (1), it shall give reasonable notice of its intention to do so to the person having control of the pipe, wire, sewer or drain and -
 
(a) such person may authorize a representative to superintend such work and may require the Authority to execute such work to the satisfaction of such representative; and

(b) the Authority shall make arrangements for the maintenance of the supply of gas, oil, compressed air or electricity, for the continuance of the telephone, telegraph or other wire-borne communications or for the maintenance of the sewer or drainage, as the case may be, during the execution of such work.

(3) Where any damage is caused by reason of the exercise of the powers conferred by this section, the person suffering such damage shall be entitled to compensation therefor in accordance with this Act.
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