| CHAPTER 2 of 2007 - KENYA ROADS ACT | HOME | ||
| FIFTH SCHEDULE | |
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FOURTH SCHEDULE |
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FIFTH SCHEDULE (S.72) CONSEQUENTIAL AMENDMENTS The Agriculture Act (Cap. 318). s.192A(1A) Delete words "respective District Roads Committee" and substitute therefor the words "Kenya Roads Board Fund" (1B) Delete and substitute therefor the following — (1B) For the purposes of this section "Kenya Roads Board Fund" shall mean the Kenya Roads Board Fund established under the Kenya Roads Board Act, 1999. No 7 of 1999 The Traffic Act (Cap. 403). s.2 Delete the definition of "Highway Authority" and substitute therefor the following new definition — "Highway Authority" means the Minister for the time being responsible for public roads or any other Authority or body to whom the Minister delegates powers subject to such terms and conditions as he may deem appropriate. S.58(1) Delete the words "nine months" and "twenty thousand" and substitute therefor the words "two years" and "four hundred thousand" respectively. (3) Delete the words 'six months" and substitute therefor the words "two years". S.119(q)(i) Delete the words "ten thousand" and six months" and substitute therefor the words "two hundred thousand" and “two years" respectively. S.119(q)(ii) Delete the words "twenty thousand" and "one year" and substitute therefor the words "four hundred thousand" and "four years" respectively. The Public Road Tolls Act. (Cap. 407) s.2 Insert the following new definitions in proper alphabetical sequence — "roads Authority" means any of the authorities established under the Kenya Roads Act, 2007. No.7 of 1999. "toll road" means a public road or a portion thereof . whichhas been declared a toll road under subsection 3(1)." Delete the definition of "toll station" and substitute therefor the following new definition - "toll station"' means a structure on a toll mad where toll is payable under this Act or any electrical or mechanical device on a toll road for recording the liability to pay toll, or any combination of such structure or device. S.3 Delete subsections (1) and (2) and substitute therefor the following new subsections - "(1) The Minister may declare any public road or a portion thereof, including any bridge or tunnel on a public road, as a toll road for purposes of this Act. (2) The public roads set out in the First Schedule are declared to be toll roads for the purposes of this Act. (2A) The Minister may by Order published in the Gazette amend the First Schedule. New Insert the following new sections immediately after section 4 — Agreements for road management 4A(1) The Minister, or a roads Authority, may enter into an agreement with a suitably qualified person to plan, design, construct and manage a public road or any portion thereof which has been declared to be a toll road for the purposes of this Act. (2) A person authorized under subsection (1) shall carry out the activity for which he is authorized subject to such terms and conditions as may be specified in the agreement. (3) A proposed agreement for the purpose of this section shall be laid before the National Assembly for approval prior to signature. (4) The tolling regime provided for in an agreement to be entered into by the Minister or a roads agency designated by the Minister, shall be laid before the National Assembly for approval prior to the Minister or roads Authority designated by the Minister signing such agreement. (5) Any agreement entered into by the Minister or a roads agency pursuant to subsection (1) without the approval of the National Assembly shall be null and void. Levying of tolls pursuant agreement. 4B. (1) A person with whom the to Minister or a roads agency enters into an agreement pursuant to section 4A shall be entitled to levy toll, and collect moneys payable as toll on such toll road, or portion thereof, for his or her own account during the said period, and may for that purpose erect a toll station or toll stations and facilities in connection therewith, including permanent and movable weighbridges, on the toll road or portion of thereof (2) The person referred to in subsection (1) shall only be entitled to levy toll in accordance with the agreement with the Minister or the roads agency and the amount of such toll shall be subject to approval by the Minister. (3) The Minister shall notify all tolls approved under subsection (2) inthe Gazette. (4) The person referred to in subsection (1) shall be entitled to appoint toll collectors and station managers in respect of the toll road in respect of which there is an agreement subject to the terms of such agreement. (5) The person shall maintain a record of the payment of tolls and submit it to the Minister or road agency, as the case may be, in accordance with the terms of the agreement. 5(4) Delete. 7. Delete . The Physical Planning Act. (No.6 of 1996). s.2 Insert the following definitions in proper alphabetical sequence — "the Kenya National Highways Authority" means the Authority of that name established under the Kenya Roads Act, 2007; "the Kenya Rural Roads Authority" means the Authority of that name established under the Kenya Roads Act, 2007; "the Kenya Urban Roads Authority" means the Authority of that name established under the Kenya Roads Act, 2007. s.8(1) Insert the following paragraphs immediately after paragraph (n) (na) the Director-General of the Kenya National Highways Authority. (nb) the Director General of the Kenya Rural Roads Authority. (nc) the Director-General of the Kenya Urbaa Roads Authority. 8(2) Delete paragraph (K) and substitute therefor the following — "(k) the Director-General of the Kenya Urban Roads Authority". 8(3) Delete paragraph (f) and substitute therefore the following — "(f) a representative of the Kenya Rural Roads Authority". 8(4) Delete paragraph (f) and substitute therefor the following — "(f) a representative of the Kenya Urban Roads Authority". The Kenya Roads Board Act, (No. 7 of 1999) s.2 Delete the word "operational" appearing in the definition of "road agency"; Insert the following new definitions in proper alphabetical sequence- "Highways Authority" means the Kenya National Highways Authority established under the Kenya Roads Act, 2007; "Rural Roads Authority" means the Kenya Rural Roads Authority established under the Kenya Roads Act, 2007; "Urban Roads Authority" means the Kenya Urban Roads Authority established under the Kenya Roads Act, 2007. s.6(1) Delete and substitute therefor the following — (1) "The object and purpose for which the Board is established is to oversee the road network in Kenya and coordinate the maintenance, rehabilitation and development funded by the Fund and to advise the Minister on all matters related thereto." s.6(2) Delete and substitute therefor the following - (2) Without prejudice to the generality of subsection (1), the Board shall — (a) co-ordinate the optimal utilisation of the Fund in implementation of programmes relating to the maintenance, rehabilitation and development of the road network; (b) seek to achieve optimal efficiency and cost effectiveness in roadworks funded by the Fund; (c) manage the Fund; (d) based on a five year road investment programme approved by the Minister and the Minister for Finance, determine the allocation of financial resources from the Fund or from any other source available to the Board required by road agencies for the maintenance, rehabilitation and development of the road network to ensure that the allocation of funds is pegged to specific categories of roads and that not less than (i) twenty per cent of the monies from the Fund is allocated equally to all constituencies in the country to be administered by the Rural Roads Authority; (ii) twelve per cent of the monies from the Fund is allocated equitably to Districts in respect of rural roads administered by the Rural Roads Authority; (iii) forty per cent of the monies from the Fund is allocated in respect of the national roads to be administered by the National Highways Authority; (iv) fifteen per cent of the monies from the Fund is allocated in respect of the urban roads to be administered by the Urban Roads Authority; and (v) one percent of the monies from the Fund is allocated in respect of roads in national parks and reserves to be administered by the Kenya Wildlife Service, and (vi) a maximum of two percent of the monies from the Fund is allocated in respect of the Recurrent expenditure of the Board under section 31(5). (e) ensure that the remainder of the monies from the Fund described in paragraph (d) shall be allocated annually by the Board with the approval of the Minister to road authorities based on an annual work programme derived from the five-year road investment programme approved by the Minister responsible for roads and the Minister for Finance. (f) ensure that a maximum of ten percent of all monies allocated to each road agency is utilized for development purposes by the said agency. (g) monitor and evaluate, by means of technical, financial and performance audits, the delivery of goods, works and services funded by the Fund; (h) in implementing paragraph (g), pay due regard to public procurement and disposal regulations and additional guidelines issued or approved by the Minister. (i) recommend to the Minister appropriate levels of road user charges, fines, penalties, levies or any sums required to be collected under the Road Maintenance Levy Fund Act, 1993 and paid into the Fund; (j) recommend to the Minister such periodic reviews of the fuel levy as are necessary for the purposes of the Fund, and (k) identify, quantify and recommend to the Minister such other potential sources of revenue as may be available to the Fund for the development, rehabilitation and maintenance of roads. (1) The Highways Authority, the rural Roads Authority and the Urban Roads Authority may utilize such portion of monies received from the Fund for operational and administrative expenses as may be approved by the Minister on the advice of the Board. Provided that such expenditure shall not in any year exceed, as a proportion of the projected annual expenditure of the Fund — (i) in the case of the Highways Authority, four percent; (ii) in the case of the Rural Roads Authority, five and half percent, and (iii) in the case of the Urban Roads Authority, five and a half percent. s.7(1) Insert the expression "non-executive" before the word "chairman". s. 8(d) Insert the following proviso at the end thereof- Provided that the Board shall only take action under this paragraph with the prior Authority of the Minister. s.10(1) Delete the expression "(1)". 17(2)(d) Delete and substitute therefor the following — (d) a designated officer from the Rural Roads Authority. 17(4) Delete and substitute therefor the following — (4) A designated officer from the Rural Roads Authority shall be the Secretary of the district roads Committee. s.17(5) Delete and substitute therefor the following new subsection — (5) "The functions of the District Roads Committee shall be to advise the Rural Roads Authority on the formulation of the annual roads programme and the roads to be included therein. 17(6) Delete and substitute therefor the following — (6) The quorum for a meeting of the district Roads Committee shall be one half of the total membership. 17(7) Delete. Heading Delete the heading of Part III and substitute therefor the following new heading PART III- ALLOCATION OF FUNDS TO ROAD AGENCIES 18(3) Delete and substitute therefor the following new subsection — (3) A designation under subsection (2) maybe made subject to such conditions as the Board in consultation with the Minister, thinks fit, and where such conditions are made they shall be specified in the notice of designation. (4)(b) Delete the word "Board" and substitute therefor the word "Minister". s.21(c) Delete and substitute therefor the following new paragraph — (c) that financial administration is conducted in accordance with the provisions of this Act and regulations made thereunder. s.23(1) Delete and substitute therefor the following new subsection — (1) Every road agency shall cause to be kept proper books, records and accounts of all funds provided by the Board in such format and detail as is specified by the Board. s.24 Delete and substitute therefor the following new section — 24. The Board shall collect such data and other information as may be necessary for the furtherance of its duties s.26(1) Delete and substitute therefor the following new subsection — (1) The Board shall regularly cause a technical, financial and performance audit to be made on works, goods and services financed by the Fund by an inspector authorized by the Executive Director in writing, of any road agency and of those books, accounts and records relating thereto". (2) Delete the word "Scheme" and substitute therefor the words "goods, work and services financed by the Fund". s.30(1) Delete the words "in consultation with the Minister" and substitute therefor the words "with the prior approval of the Minister". s.33(1) Insert the words "with the consent of the Minister and the Minister for Finance" immediately after the words "The Board may" s.36(2) Delete' the words "Auditor-General (Corporations)" and substitute therefor the words "Controller and Auditor-General". s.36 (3) Delete the words "sections 29 and 30A of the Exchequer and Audit Act" and substitute therefor the words "Part III of the Public Audit Act". s.37 Delete and substitute the therefor following — 37. The Board, with the approval of the Minister, may make, rules generally for the better carrying out its functions under this Act. s.38(1) Delete. s.40 Delete. Third Schedule. Delete and substitute therefor the following new, Schedule — DESIGNATED ROAD AGENCIES 1. Kenya National Highways Authority. 2. Kenya Rural Roads Authority. 3. Kenya Urban Roads Authority. 4. The Kenya Wildlife Service. |
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