CHAPTER 2 of 2007 - KENYA ROADS ACT | HOME
50. Liability of owner and driver for damage.
Structures and other works on, over and below roads or certain other land. Exemption from taxes and duties etc.
Liability of owner and driver for damage.   50. (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 surface of the road,

the owner of the vehicle and the person driving or propelling it shall jointly and severally be liable to the respective Authority for the damage.

(2)  A certificate under the hand of any person authorized in that behalf by the concerned Authority stating the amount of the cost of making good such damage shall be prima facie evidence of such cost.

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