The Kenya Roads (Amendment)(No. 3) Bill, 2025.

SPECIALISSUE

Kenya Gazette Supplement No. 122 (National Assembly Bills No.34)

REPUBLICOFKENYA

KENYA GZETTE SUPPLEMENT

NATIONALASSEMBLYBILLS,2025

NAIROBI,9thJuly,2025

CONTENT

| Bill for Introduction into the National Assembly- | PAGE | |-----------------------------------------------------|--------| | TheKenya Roads(Amendment)(No.3) Bill,2025 | 785 |

THEKENYA ROADS (AMENDMENT) NO.3) BILL,

2025

A Bill for

• AN ACT of Parliament to amend the Kenya Roads Act

and for connected purposes

ENACTED by the Parliament of Kenya,as follows-

1. This Act may be cited as the Kenya Roads shortitle. 2. (Amendment) (No. 3) Act,2025. 3. 2.Section 2 of the Kenya Roads Act (hereinafter 4. (a) deleting the definition of the term"national roads" and substituting therefor the following new 5. definition-—

"national trunk roadsmeans national trunk roads as

classified under Part A of the First Schedule;

• (b) inserting the following new definition in its proper alphabetical sequence-

"county roads"means county roads as classified under Part B of the First Schedule.

• 3.The principal Act is amended by deleting section
• 47and substituting thereforthefollowingnewsection-

Classification of roads.

47. (1) A public road shall be classified in the manner set out in the First Schedule to this Act. 2. (2)Whereanewpublicroadis established,the responsible Authority or a county government shall submit to the Cabinet Secretary a request in writing for classification of the public road. 3. (3)The Cabinet Secretary shall in 4. classifying the public roads ensure that- 5. (a) the classification accurately reflects the function served by the public 6. road; and 7. (b) all parts of the country have 8. reasonable access to a national trunk road or a county road.

Amendment of

section 2 of Cap. 408.

Amendment of section47of Cap. 408.

• (4) The Cabinet Secretary shall be responsible for classification ofpublicroads and at least once every five years,reviewthe classificationand assignment ofpublic roads.

2. 4.The principal Act is amended by inserting the 3. following new sections immediately after section 47-

Responsibilities of county governments.

Cap.403.

• 47A. (1) Pursuant to paragraph 5(a) of Part 2ofthe FourthSchedule tothe Constitution, each county government shall, within its area of jurisdiction
• (a)maintain,rehabilitate and develop
• county roads;
• (b) manage road reserves and facilitate access to roadside developments with respect to county roads;
• (c)implement road policies in relation
• to county roads;
• (d) ensure adherence to the rules and guidelines on axle load control as prescribed under the Traffic Act and any Regulations made under this Act;
• (e) ensure that the quality of county road works is in accordance with national standards issued by the
• Cabinet Secretary;
• (f)oversee the management of traffic and road safety on county roads;
• (g) collect and collate all such data related to the use of countyroads as may benecessaryfor efficient
• planning under this Act;
• (h) monitor and evaluate the use of
• county roads;
• (i) plan the development maintenance of county roads;
• and

Insertion of a new sections 47A and 47B in Cap.408.

Road signage

• (j)preparethecountyinvestment programme and annual county road worksprogrammesforcounty roads,and
• (k)coordinate with road Authorities or agencies in planning and operations inrespect of countyroads.
• (2) Each county government shall,for purposes of ensuring uniformity with national standards in the roads sector, through its legislation and administrative action,implement and act in accordance with the national policy,standards and guidelines issued by the Cabinet Secretary under this Act.
• (3)The county executive committee merber responsible for roads shall be resyosible for the maintenance, rehaoilitation and development of county roads within the respective county.
• 47B.(1) A public road shall bear
• signage indicating itsclassification, including thelevel of government responsible for its maintenance, rehabilitation and development.
• (2)TheCabinetSecretaryshall prescribe the dimensions and additional information to be included m the signageon a ublic road.
• (3)A person shall not erect any signage
• uncer this section containing their nme inage crlikeness.
• (4)Apersonwho cemravenes provisions of subscction (3)commiisan offence and shall be liable,upon convicrio, toa Jine not exceeding one milion shillings or imprisonment for a term not exceeding two years,or to both.
• 5.The principal Act is anended by deleting the First Scheduleand substituting therefor thefollowing Schedule-

Amendment o the

First Sctedule to Cap408.

FIRST SCHEDULE (s.47) PART A-CLASSIFICATION OFNATIONAL TRUNK ROADS

Allnational trunkroads shall beclassified asfollows-

A1.NATIONALROADS

Functionality Class

Primary As National Trunk Roads (National Roads)

B

A2.URBANROADS

National Au Trunk Roads

(Urban Roads)

Bu

Cu Description Highways connecting cities,a city to a town overpasses and underpasses with maximum ora town to another town through the use of grade separation using interchanges, access control.

Roads and corridors connecting international boundaries and international terminals such as international ports,airports.

Roads forming national routes,linking County

headquarters and Municipal headquarters to the cities,to each other or to Class A roads and inter-county.

Major urban arterials in cities providing through traffic and forrelativelylong distance movementsbetweenwidelyseparatedpartsof the city with highlevelsof service that maximizes speed andmobility,consistentwith safety and segregation ofpedestrian and other non-motorised movements.

Minor urban arterials which provide the main meansofmoving between differentzonesof the urban area,other than the function thoroughfares or avenues serving the Central Business District of cities and major towns

and principal urban bus routes.

Major urban collectors that provide the link betweenarterials and countyroads, distributing traffic to residential and other defined zones, typically taking the form of radial roads between arterials or spine roads serying the main residential areas or other defined zones.

A3.RURAL ROADS

Secondary C National Trunk Roads

• Special SP Purpose Roads

Security Roads SR

Roads linking Sub-County headquarters and other major designated towns to the higher level network or to each other and forming a contiguous network,together with A and B roads.

Roads providing direct access to places of specificNational Social or Economic importance, including industrial and commercial areas and government institutions such asschools,hospitals, prisons,

government housing, etc.

Roads strategic to national security Zas identified by the Ministry responsible for Internal Security and communicated to the Minister from time to time.

PARTB-CLASSIFICATION OF COUNTY ROADS

Functionality Class

Description

County RoadsD

Inter-ward roads forming routes of moderate length,linking wards and other minor towns to the Sub-county towns or higher network with the main function of channelling local traffic from lower levelroads tohigherlevel roads and centres.

E Residual category of roads providing last access to villages,minor markets and homes and shall form the largest proportion of the road network in Kenya.

Du These include the main shopping and business streets in the urban CBD or suburbs of larger towns and cities,other than designated minor Arterials and catering to a highlevelofpedestrian access to commercial properties fronting directly on the street.

Eu Roads providing direct access to groups of

residential properties,comprisinglocal residential streets and constituting the local tier of the hierarchy of urban roads suitable for motorized transport.

• 6.Section 6(2) of the Kenya Roads Board Act is amended in paragraph (d) by-
• (a) deleting the words"twenty-two percent"appearing in sub-paragraph (i) and substituting therefor the words"twenty-one percent";
• (b) deleting thewords"forty percent"appearingin sub-paragraph (ii) and substituting therefor the words"thirty-six percent";
• (c) deleting the words "fifteen percent"appearing in sub-paragraph (iv) and substituting therefor the words"fourteen percent";
• (v)and substituting
• (d) deletingsub-paragraph therefor the following new sub-paragraph-
• "(v) one percent of the allocated funds is allocated in respect of roads in national parks and reserves to be administered by the Kenya Wildlife Service;and a maximum of one and a half percent of the allocated funds is allocated in respect of the recurrent expenditure of the Board under section 31(5);"
• (e) insertingthe following newsub-paragraphs immediately after sub-paragraph(vi)-
• "(vii) one and a half percent of the allocated funds is allocated to the departmentresponsible for matters relating to roads in respectof execution of the functions stipulated under paragraph 18 of Part 1 of the Fourth Schedule to the Constitution;and
• (viii) five percent of the allocated funds is allocated to county governments under
• Article 202(2) of the Constitution.
• (f)inserting the following new subsections immediately after subsection(2)-
• "(3)In the utilisation of the funds under
• subsection (2)(d)(viii),a county government shall
• (a) designatea responsible for the
• department or division maintenance,

Consequential amendmentsto

section6of Cap. 408A.

• rehabilitation and development of county

roads;

• (b)open and maintain a special purpose account at the Central Bank of Kenya into which shall be deposited the funds under subsection 2(d)(vili);
• complywith the standards forthe maintenance, rehabilitationand development of roads as may be set out by the Cabinet Secretary;and
• (d)atleast SiX months before the commencement of every financial year, submit to the Board an annual road programme approved by the respective county executive committees.
• (4)The Board shall-
• (a) specify the form and content of an under
• annual roadprogramme subsection(3)(c);and
• (b) monitor and evaluate all works,goods and services financed by the Fund.
• (5)The Board may take such remedial,supplementary or alternative measures to ensure compliance with the conditions under this Act or any other written law

MEMORANDUM OFOBJECTSANDREASONS

Statement of the Objects and Reasons for the Bill.

The principal object of this Bill is to amend the Kenya Roads Act, Cap. 408 to classify public roads into national trunk roads and county roads and to vest the management of county roads under the county governments. This classification is intended to provide clarity in the maintenance,rehabilitation and development of the road network across the country.Further,the Bill seeks to give effect to paragraph 5(a) of Part

2 of theFourthSchedule to the Constitution.

Additionally,to achieve this objective, the Bill proposes consequential amendments to the Kenya Roads Board Act,Cap.408A to allocate funds from the proceeds of the Road Maintenance Levy Fund to county governments for the maintenance,rehabilitation and development of county roads within their respective jurisdiction. This is aimed at ensuring that the county governments have access to financial resources specifically earmarked forthemaintenance,rehabilitationand development ofcountyroads.

Statement on the delegation of legislative powers and limitation of

fundamental rights and freedoms.

This Bill delegates legislative powers to the Cabinet Secretary information to be included on signage erected onpublic roads. It does not

responsible for roads to prescribe the dimensions and any additional limitfundamentalrightsand freedoms.

Statement as to whether the Bill concerns county governments.

This is a Bill concerning county governments in terms of Article

110(l)(a) of the Constitution as it contains provisions affecting the functions andpowers of the county governments.

Statement as to whether the Bill is a money Bill within the meaning of

Article 114 of the Constitution.

The enactment of this Bill shall not occasion additional expenditure ofpublicfunds.

Dated the 9th July,2025

PETER KALUMA,

MemberofParliament.

Section47of Cap.408whichisintended tobe amended-

47.Roads to be classified

• (1) All public roads under the management of an Authority shall be classified in the manner set out in the First Schedule.

2. (2)In addition to the classification under subsection (1),each public road shall have such number,name or description as to uniquely identify it among all other roads of its class within the country.

• (3) All existingroad categorisations and classifications and associated identity numbers defined by the Roads Department of the Ministry responsible for roads prior to the commencement of this Act shall,for the time being,be maintained after the commencement of this

4. Act.

• (4) All existing road categorisations andclassifications and shall bemaintained for the timebeing after the date ofcommencement of

6. associated identity numbers defined by the roads section of the Urban Development Department oftheMinistry responsibleforLocal Governmentora localAuthorityprior to thecommencementofthisAct this Act,save for such amendments as may be necessary to ensure consistency and compliance with the need for uniqueidentitynumbers.

• (5) An Authority may with the authority of the Cabinet Secretary

8. published in the Gazeite,add,modify or remove the category of a road.

TheFirstSchedule toCap.408which is intended tobe amended-

FIRSTSCHEDULE

[ss.2.47]

CLASSIFICATION OFPUBLICROADS

All public roads inKenya shall be classified as follows.

PART A-NATIONALROADS

Class

Description

CLASSA

International trunkroadslinking centresof international importance and crossing international boundaries or terminating at international ports.

CLASSB

National trunk roads linking natioraily important centres.

CLASSC

Primary roads linking provincially impcrtant centres toeach other or twohigher classroads

PART-RURALROADS

Class

Description

CLASSD

Secondary roads linking locally important centres

to each other,to more important centres or to higher class roads.

CLASSE

Any link to a minor centre.

Class

Description

CLASSF

Forest roads.

CLASSG

Roads serving Government institutions.

CLASSK Roads accessing coffee (kahawa) growing areas.

CLASSL Roads accessing settlement scheme areas:

CLASSP

National park roads.

CLASSR

Roads accessing rural areas.

CLASSS Roads accessing sugar growing areas.

CLASST

Roads accessing tea growing areas.

CLASSU etc.

Unclassified rural roads inciuding mining roads,

CLASSW

Roads accessing wheat growing areas.

PART C-URBAN ROAUS

Class

Description

CLASS UA

UrbanArterials.

CLASS UC

Urban Collectors including primary distributors, district distributors.

CLASS UL

Urban local roads including minor distributors, local streets,residential stand accesses, commercialandindustrial stand accesses, shopping streets.

Section6of Cap.408Awhich isintended to be amended

6.Object and purpose of the Board.

• (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 Cabinet Secretary on all matters related thereto.
• (2) Without prejudice to the generality of subsection (1), the Board

3. shall- 4. (a)co-ordinate the optimal utilisation of the Fund in implementation 5. of programmes relating to the maintenance,rehabilitation and development of theroad network; 6. (b) seek to achieve optimal efficiency and cost effectiveness in roadworks funded by the Fund; 7. followingmanner- 8. (i) fifty per cent of the Fund shall be allocated in accordance 9. with paragraph(d);and 10. (ii) fifty per cent of the Fund shall be allocated for the purposes of 11. section 32A(2); 12. (d)based on a fiveyear road investment programme approved by the Cabinet Secretary and the Cabinet Secretary for Finance, determine the allocation of financial resourcesrequired by road agencies for the maintenance,rehabilitation and development of the road network to ensure that the allocation of funds is pegged 13. to specificcategories of roads and that not less than- 14. twenty-two percent,which shall be deposited into a special bank account to be called Constituency Roads Fund Account to be maintained by every Constituency of the allocated funds is allocated equally to all constituencies in the country 15. tobe administered by the Rural Roads Authority; 16. ii) ten percent of the allocated funds is allocated for the constituenciesand to serve as Government counterpart funds in funding works on rural roads,to be administered by the Kenya Rural Roads Authority and that the said percentum shall be equally distributed to the Constituencies where Kenya Rural Roads Authority has the mandate;

• (il) forty percent of the allocated funds is allocated in respect of the national roads to be administered by the National HighwaysAuthority;
• (iv) fifteen percent of the allocated funds is allocated in respect of the urban roads tobe administered by the Urban Roads Authority;and
• one percent of the allocated funds is allocated in respect of roads in national parks and reserves to be administered by the Kenya Wildlife Service;and a maximum of two percent of the allocated funds 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 Cabinet Secretary to road authorities based on an annual work programme derived from the five-year road investment programme approved by the Cabinet Secretary responsible forroads and the Cabinet Secretary for Finance;
• ensure that a maximum of ten percentof 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 theFund;
• (h) in implementing paragraph (g), pay due regard to public procurement and disposal regulations and additional guidelines issued or approved by the Cabinet Secretary;
• (i) recommend to the Cabinet Secretary appropriate levels of road user charges, fines, penalties, levies or any sums required to be collected under the Road Maintenance Levy Fund Act (Cap. 427) and paid into the Fund;
• ji)recommend to the Cabinet Secretary suchperiodicreviews of the fuel levy as are necessary for the purposes of the Fund;
• (k) identify,quantify and recommend to the Cabinet Secretary such otherpotential sources ofrevenue asmaybe available to theFund for the development,rehabilitation and maintenance ofroads;and
• (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 Cabinet Secretary on the

advice of theBoard:

Provided that such expenditure shall not in any year exceed, as a

proportion of theprojected annual expenditure of theFund-

• (i)in the case of the Highways Authority,four percent;
• (i) 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.