FOURTH SCHEDULE

(s.71)

TRANSITIONAL ARRANGEMENTS

Interim management committees.
1. The Minister shall establish an interim management committee for the Highways Authority and the Rural Roads Authority and for the Urban Roads Authority in consultation with the Minister responsible for Local Government.

Transfer of functions.
2. (1) On the inaugural date for the Highways Authority, all functions of the Roads Department and the Urban Development Department pertaining to national roads shall be deemed to have been transferred, assigned and delegated to the Highways Authority.

(2) On the inaugural date for the Rural Roads Authority, all functions of the Roads Department and the Urban Development Department pertaining to rural roads shall be deemed to have been transferred, assigned and delegated to the Rural Roads Authority.

(3) All county and town councils as defined under the Local Government Act shall, on the inaugural date for the Rural Roads Authority, or upon creation thereof where such creation occurs after the inaugural date, be deemed to have transferred, assigned and delegated all functions as described in section 7 of this Act in full to the Rural Roads Authority.

(4) All municipal councils and the city council shall, on the inaugural date for the Urban Roads Authority or upon their creation where this occurs after the inaugural date, after the inaugural date, be deemed to have transferred all functions described in section 10 to the Urban Roads Authority in full.

Transfer of rights, powers etc
3. (1) All rights, powers, liabilities and duties, whether arising under any written law or otherwise, which immediately before the commencement of this Act were vested in, imposed on or enforceable against the Government in respect of the Roads Department and the roads section of the Urban Development Department as the case may be, shall, on the respective inaugural dates be transferred to, vested in, imposed on or be enforceable against the Highways Authority, the Rural Roads Authority or the Urban Roads Authority as the case may be.

(2) All rights, powers and liabilities relating directly to roads, whether arising under any written law or otherwise, which immediately before the commencement of this Act were vested in, imposed on or enforceable against town councils, and county councils as the case may be shall, on the inaugural date for the Rural Roads Authority, be transferred to, vested in, imposed on or be enforceable against the Rural Roads Authority.

(3) All rights, powers and liabilities relating directly to roads, whether arising under any written law or otherwise, which immediately before the commencement of this Act were vested in, imposed on or enforceable against municipal councils, or the City Council as the case may be, shall, on the inaugural date for the Urban Roads Authority, be transferred to, vested in, imposed on or be enforceable against the Urban Roads Authority.

Directions, orders issued before commencement.
4. (1) All lawful directions, orders, rules, authorizations and other things published, made given or done by the Roads Department relating to national roads, or subsidiary legislation thereunder, subsisting at the inaugural date shall on and after that day be deemed to have been published, given made or done by the Highways Authority.

(2) All legal directions, orders, rules, authorizations and other things published, made given or done by the Urban Development Department relating to urban roads, or subsidiary legislation there under subsisting at the inaugural date, shall on and after that day be deemed to have been published, given made or done by the Urban Roads Authority.

(3) All legal directions, orders, rules, authorizations and other things published, made given or done by a local Authority in relation to roads, or subsidiary legislation thereunder subsisting at the inaugural date shall on and after that day be deemed to have been published, given made or done by the Urban Roads Authority or Rural Roads Authority, as the case may be.

Acts etc before commencement of this Act.
5. (1) Any legal act or thing done or purported to be made or done or any act or thing omitted to be done on behalf of or in the name of the Roads Department prior to the inaugural date of any of the authorities established under this Act by any person acting in good faith and with due or apparent Authority in that behalf shall be deemed to be an act or thing made or done or omitted to be done, as the case may be, by the concerned Authority.

(2) Any legal act or thing done or purported to be made or done or omitted to be done on behalf of or in the name of the Urban Development Department as relates directly to roads, prior to the inaugural date of the Urban Roads Authority or the Rural Roads Authority Act by any person acting in good faith and with due or apparent Authority in that behalf shall be deemed to be an act or thing made or done or omitted to be done, as the case may be, by the Urban Roads Authority or Rural Roads Authority, as the case may be.

(3) All legal directions, orders, rules, authorization and other things published, made, given or done by a Local Authority in relation to roads, or subsidiary legislation thereunder subsisting at the inaugural date shall on and after that date be deemed to have been published, given made or done by the Urban Roads Authority or the Rural Roads Authority, as the case may be.

Regulations governing transfer of assets liabilities.
6. (1) The Minister for Finance, may, consultation with Minister and with the Minister for Local Government, provide that any assets and liabilities which, immediately before the commencement of this Act, were vested in the government for the use of the Roads Department or the roads section of the Urban Development shall on such commencement vest in the Highways Authority or the Urban Roads Authority, as the case may be.

(2) The Minister responsible for finance may at any time, in consultation with the Minister and the Minister responsible for local government, direct that any assets and liabilities which immediately before the commencement of this Act were vested in any local Authority for purposes of road development and maintenance be vested in the Urban Roads Authority or the Rural Roads Authority, as the case may be.

Regulations governing transfer of functions.
7. The Minister and the Ministers responsible for matters relating to finance and local government shall have power to issue such administrative guidelines and regulations to be followed in enabling all road maintenance , rehabilitation and development functions, and any matters pertaining thereto to be transferred from any local Authority to the authorities as appropriate.

Updating of records.
8. Every public officer having the power or duty to effect or amend any entry in a register relating to property, or to issue or amend any certificate upon request made by or on behalf of an Authority, shall do all such things as are by law necessary to give final effect to the transfer of property mentioned in any order made under this Schedule.

Staff.
9. (1) Upon the commencement of this Act the various Boards shall assess the members of staff of the Roads Department or the roads section of the Urban Development Department or of any local Authority and select officers therefrom pursuant to section 15 of this Act.

(2) Any person assessed and engaged as an officer of any Authority under subparagraph (1) shall be deemed to be in continuous service for purposes of the pensions laws.

(3) Any officer who is assessed and engaged by an Authority under subparagraph (1) who was on the date of the commencement of this Act a member of any statutory or voluntary pension scheme or provident fund, shall for the purpose of this Act, continue to be governed by the same regulations governing those schemes or funds and his service with the respective Authority shall be deemed to be eligible service for the purposes of the pension scheme or provident fund.

Interpretation.
10. In this Schedule -

"City Council" means the City Council of Nairobi within the meaning of the Local Government Act;

"inaugural date" means the dates of inauguration of the various authorities established under this Act, which dates shall fall within the period of twelve months after the commencement of this Act, on which an Authority shall be declared by the Minister to assume full responsibility of the roads falling within the mandate by virtue of this Act.

"Roads Department" means the department by that name within the Ministry responsible for roads at the date of the commencement of this Act;

"Urban Development Department" means the department by that name within the Ministry of Local government at the date of commencement of this Act;

"road Authority" means any of the authorities established under this Act.