The Kenya Roads (amendment)(no.2) Bill, 2025

SPECIALISSUE

Kenya Gazette Supplement No.55 (National Assembly Bills No.16)

REPUBLICOF KENYA

KENYA GAZETTE SUPPLEMENT

NATIONALASSEMBLY BILLS,2025

NAIROBI,31stMarch,2025

CONTENT

| Bill for Introduction into the National Assembly- | PAGE | |-----------------------------------------------------|--------| | TheKenya Roads(Amendment) (No. 2) Bill,2025 | 325 |

NATIONAL ASSEMBLY RECEIVED

14APR2025

DIRECTOR LEGAL SERVICES P.O.B041842-00100,NAIROBI

THE KENYA ROADS(AMENDMENT) (No.2) BILL, 2025

A Bill for

AN ACT of Parliament to amend the Kenya Roads Act

ENACTED by theParliament ofKenya,asfollows- Short title.

Amendmentof section13ofCap. 408.

Transition.

• 1.This Act may be cited as the Kenya Roads
• (Amendment) (No.2) Act,2025.
• 2.Section 13(3) of the Kenya Roads Act is amended by deleting the word "five" and substituting therefor the
• word"three".

3. A person who, immediately before the

• commencement of this Act, held office as a DirectorGeneral shall serve for the unexpired period of his or her term and shall be eligible, for a person serving the first term,for appointment for one further term of one year.

MEMORANDUM OFOBJECTSANDREASONS

Statement of objects and reasons of the Bill

The principal object of the Bill is to amend section 13 of the Kenya Roads Act, Cap. 408, to align the Act with the Mwongozo Code of Governance for State Corporations. The Code of Governance for State Corporations provides that Chief Executive Officers or equivalent positions of state corporations shall serve for a term of three (3) years, renewable once, subject to satisfactory performance of the person holding office.

The term of office is intended to ensure performance and promote good governance in the management of state corporations and their boards which is the practice for all state corporations. However, in the case of state corporations in the roads sector, these being the Kenya Rural Roads Authority (KURRA);the Kenya Urban Roads Authority (KURA);and the Kenya National Highway Authority (KENHA), section 13 of the Act provides that the Director-General of each Authority shall serve for a term of office of fiveyears.

This is contrary to the Code of Governance for State Corporations and therefore the current provisions of section 13 of the Act undoubtedly negate the values of good governance. The Bill therefore proposes to amend section 13 of the Act to provide that a Director-General of each Authority shall serve for a period of three years,renewable once. This is intended to promote good governance and performance in the day-to-day management of state corporations in the roads sector. The Bill further immediately before the commencement of the Act, held office as a Director-General shall serve for the unexpired period of his or her term and shall be eligible, for a person serving the first term, for appointment for one further term of oneyear.

Statement on the delegation of legislative powers and limitation offundamentalrights and freedoms

The Bill does not delegate legislative powers and does not limit any rights and fundamental freedoms.

Statement on how the Bill concerns county governments

The Bill is not a Bill concerning county governments in terms of

Article110(1)(a) ofthe Constitution.

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 public expenditure.

Dated the 31st March,2025.

KIMANIICHUNG'WAH,

Leader of Majority Party.

Section 13 of Cap.408which it is proposed to be amended-

• 13(1) Each Authority shall have a Director-General,who shall be
• appointed by the concerned Board in consultation with the Cabinet Board.
• (2) The Director-General shall be responsible for the day-to-day operations and administration of the Authority in respect of which he is
• appointed.
• (3) Subject to this Act, the Director-General shall hold office for a term of five years and shall be eligible for appointment for one more term.
• (4) Subject to this Act and to the general direction and control of the concerned Board, the Director-General shall be responsible for the following matters with respect to the Authority for which he is responsible-
• (a) the implementation of the policies and programmes of the Authority and reporting thereon to the Board;
• (b) the proper management of the funds and property of the
• Authority;
• (c) the organisation and control of the staff of the Authority;
• (d) the development of an operations plan for achieving the Authority's objectives;
• (e) co-operation with other lead agencies and organisations in the roads sector;
• f) the development of an economic, efficient and cost-effective internal management structure;
• (g) the formulation and implementation of the strategic plan, business plan and annual plan of the Authority;
• (h) the implementation and fulfilment of the policies and agreed
• objectives, performance targets and service standards of the Authority;
• (i) the provision of advice as required on all matters within the Authority's responsibility;and
• (j) the performance of any other duty necessary for the implementation of this Act as may be assigned to him by the concerned Board.