The Kenya Roads Board (Amenedment) Bill, 2024

SPECIALISSUE

Kenya GazetteSupplement No.75(National Assembly BillsNo.20)

REPUBLICOFKENYA

KENYA GAZETTESUPPLEMENT

NATIONALASSEMBLYBILLS,2024

NAIROBI,22ndMarch,2024

CONTENT

| Bill for Introduction into theNational Assembly-- | PAGE | |-----------------------------------------------------|--------| | TheKenyaRoadsBoard(Amendment) Bill,2024 | 451 |

PRINTEDANDPUBLISHEDBYTHEGOVERNMENTPRINTER,NAIROBI

MEMORANDUM OFOBJECTSANDREASONS

Statement of objects and reasons

The principal object of the Bill is to amend the Kenya Road Board

Act,(No.7 of 1999) to provide for the inclusion of the members of the National Government Constituency Development Fund Committee into the Constituency Road Committee and to provide for a mandatory consultative mechanism between the National Government Constituency Development Fund (NG-CDF) and the Kenya Roads Board.

This will ensure adequate representation of the people in the Kenya Roads Board.

Statement on the delegation of legislative powers and limitation of fundamental rights and freedoms

rights or freedom.

Indication of whether the Bill concerns County Governments

The Bill seeks to amend the Kenya Roads Board Act,No.7 of 1999 to provide for the inclusion of the members of the National Government Constituency Development Fund Committee into the Constituency Road Committee.

Part 2 of theFourthSchedule to the Constitutionprovides that county

transport including county roads is a function of county governments.

In view of this,the Bill does concern county governments in terms of Article 110(1)(a) of the Constitution as it does affect the functions and powers of county governments recognized in the Fourth Schedule to the 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 may not occasion additional expenditure of public funds.

Dated the 6th March,2024.

CHARLES GIMOSE,

MemberofParliament.

Section 17of No.7of 1999which it isproposed to amend-

Establishment, powers and functions of the Constituency roads Committee

• 17.(1) There is hereby established,for every constituency,a committee to beknown as the Constituency Roads Committee.
• (2) The Constituency Roads Committee shall comprise of-
• (a) four members from the respective Constituency Development
• Fund Committee;
• (b) the Member of Parliament for the Constituency;
• (c)a representative of the Kenya Rural Roads Authority in the
• region,who shall be the Secretary to the Committee;
• (d) a representative from the Ministry responsible for planning;
• (e) the respective District Commissioner orhis representative;and
• (f) two members co-opted by the Committee to represent such special interests with regard to roads as the committee may determine from time to time,and who shall not have voting rights.
• (3) The Constituency Roads Committee shall designate two of the members appointed under paragraph (a) of subsection (2) to be the Chairman and Vice Chairman of the Committee respectively,and any two members from subsection (2)(a) designated by the Committee and the Kenya Rural Roads Authority accountant shall be the signatories to the
• Constituency Roads Fund account established by the constituency.
• (4) The function of the Constituency roads Committee shall be to advise the Kenya Rural Roads Authority on the formulation of the annual
• roads programme and the roads tobe included therein.
• (5) The Constituency Roads Committee shall meet at least four times a year,and a quorum shall comprise of the chairman or vice-chairman and four othermembers.