Report On The Kenya Roads (amendment) (no. 3) Bill (national Asembly Bill No. 34 Of 2025)

REPUBLICOFKENYA THENATIONALASSEMBLY

THIRTEENTHPARLIAMENT-FOURTHSESSION-2025

DEPARTMENTALCOMMITTEEONTRANSPORTANDINFRASTRUCTURE

REPORTON:

THECONSIDERATIONOFTHEKENYAROADS(AMENDMENT)(NO.3)BILL (NATIONALASSEMBLYBILLNO.34.OF2025)

THE NATIONAL ASSEMBLY

PAPFTSLAD

DAY.

DATE:

19 AUG 2025

TUDA

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TABLED

Directorate ofDepartmental Clerk'sChambers Parliament Buildings NAIROBI

Committees

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CLERK-AT

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THE-TABLE:

AUGUST,2025

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TABLE OF CONTENTS

| ABBREVIATIONS | ABBREVIATIONS | 3 | |-------------------------------------------------------|-------------------------------------------------------|-----| | LISTOFANNEXURES | LISTOFANNEXURES | 4 | | 1.0PREFACE | 1.0PREFACE | 9 | | 1.1IntroductionandCommitteeMandate | 1.1IntroductionandCommitteeMandate | | | 1.2 CommitteeSubjects and Oversight | 1.2 CommitteeSubjects and Oversight | | | 1.3 Committee Membership | 1.3 Committee Membership | | | 1.4Secretariat | 1.4Secretariat | | | CHAPTERTWO | CHAPTERTWO | 10 | | 2.0 | BACKGROUND | 10 | | 2.1Introduction | 2.1Introduction | 10 | | 2.2OverviewoftheBill | 2.2OverviewoftheBill | I | | 2.3SituationalAnalysis | 2.3SituationalAnalysis | 12 | | CHAPTERTHREE | CHAPTERTHREE | 15 | | 3.0 | PUBLICPARTICIPATION/STAKEHOLDERENGAGEMENT | 15 | | 3.1 Submission by the Ministry of Roads and Transport | 3.1 Submission by the Ministry of Roads and Transport | 15 | | 3.2SubmissionbytheCouncil ofGovernors | 3.2SubmissionbytheCouncil ofGovernors | 18 | | 3.3SubmissionbytheInstituteof Engineers of Kenya | 3.3SubmissionbytheInstituteof Engineers of Kenya | 22 | | 3.4SubmissionbytheKenyaLawReformCommission | 3.4SubmissionbytheKenyaLawReformCommission | 25 | | CHAPTERFOUR | CHAPTERFOUR | 27 | | 4.0 | COMMITTEEOBSERVATIONS | 27 | | CHAPTERFIVE | CHAPTERFIVE | 28 | | 5.0 | COMMITTEERECOMMENDATION | 28 | | 6.0.SCHEDULEOFAMENDMENTS | 6.0.SCHEDULEOFAMENDMENTS | 29 |

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7

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9

ABBREVIATIONS

CECM

• County Executive Committee Member

COG

• Council of Governors

CS

• Cabinet Secretary

IEK

-Institute of Engineers of Kenya

KLRC

• Kenya Law Reform Commission

KRB

• Kenya Roads Board

PFMAct

-Public Finance Management Act

RMLF

• Road Maintenance Levy Fund

LISTOFANNEXURES

• Annexure I: Signed list of Members who attended the sitting that considered and adopted the report
• Annexure 2: Minutes of the Committee on sittings to consider the Bill and adoption of the report
• Annexure 3: Copy of the Kenya Roads (Amendment) Bill(No. 3) National Assembly Bill No. 34 of2025)
• Annexure 4: Correspondence to stakeholders requesting for submissions on the Bill;
• Annexure 5: Newspaper advertisement inviting the public to submit memoranda on the Bill.
• Annexure 6:Written submissionsfromStakeholders.

CHAIRPERSON'SFOREWORD

The Kenya Roads (Amendment) (No. 3) Bill (National Assembly Bill No. 34 of 2025) was read a FirstTimeon5thAugust2025andsubsequentlycommittedtotheDepartmentalCommitteeon Transport and Infrastructure for consideration and reporting to the House pursuant to the National Assembly Standing Order I27(1).

While conducting public participation, the Committee placed advertisements in the print media on 6th August, 2025, seeking comments from the public on the Bill pursuant to the provisions of ArticleI18 of theConstitutionandStanding Order127(3).The Committee alsoinvited relevant stakeholders,namely the Ministry of Roads and Transport; the Council of Governors and theOfficeoftheAttorneyGeneral and theKenyaLawReformsCommission.

TheCommitteeisgratefultotheOfficesof theSpeaker and theClerkof theNational Bill. I wish to express my appreciation to the Committee Members and the Committee Secretariatfortheirresilienceanddevotiontoduty,whichmadetheconsiderationof theBill successful.Finally,I wish to expressgratitude to the Members of the publicwho submitted their views and comments on the Bill in the course of public participation. Their views and commentsindeedwerevitalintheconsiderationoftheBill.

On behalf of the Committee and pursuant to the provisions of Standing Order 199 (6), it is my pleasantprivilege andhonor topresenttothisHouse thereportoftheCommitteeonits consideration of the Kenya Roads (Amendment) (No. 3) Bill (National Assembly Bill No. 34 of 2025).

HON.GK GEORGEKARIUKI, CBS, MP CHAIRPERSON

1.0PREFACE

1.1 IntroductionandCommitteeMandate

• 1.The Departmental Committee on Transport and Infrastructure is established under the National Assembly Standing Orders No. 2l6 (1). The functions and mandate of the Committee as per Standing Orders, No. 216(5) include: -
• a)To investigate,inquire into,and report on all matters relating to the mandate, management,activities, administration,operations and estimates of the assigned ministries and departments;
• b)To study the programme and policy objectives of Ministries and departments and the effectiveness of theirimplementation;
• c)Tostudyandreviewallthelegislationreferredtoit;
• d)To study,access and analyse the relative success of the Ministries and departments as measured by the results obtained as compared with their stated objectives;
• e)Toinvestigateandinquireinto allmattersrelatingtothe assignedMinistriesand departments as they may deem necessary, and as may be referred to them by the House;
• National Assembly to approve, except those under Standing Order No.204 (Committee on appointments);
• g) To make reports and recommendations to the House as often as possible, including recommendation ofproposed legislation;
• h)Toconsiderreportsof Commissions and IndependentOfficessubmitted to theHouse pursuant to the provisions of Article 254 of the Constitution; and
• i) To examine any questions raised by Members on a matter within its mandate.
• j) To examine treaties, agreements and conventions;
• 2.The subjectmatterof theDepartmentalCommitteeonTransport andInfrastructure are statedin the SecondScheduleof theNationalAssemblyStanding Orders asfollows: Transport, including non- motorized transport and maintenance of Roads, rails, air and marine transport,seaports andnationalintegratedinfrastructurepoliciesandprogrammes and transport safety.

CHAPTERONE

I.2 Committee Subjects and Oversight

• 3.The Committee is mandated to consider the following subjects as per the Second Schedule oftheStandingOrders:
• (i) Transport,includingnon-motorizedtransport;
• (ii) Construction and maintenance of roads;
• (ii) Rails,air and marine transport;Seaports and national integrated infrastructure
• (iv) policies and
• (v) programmes; and
• (vi) Transport safety.

4. The Committee oversights the Ministry of Roads and Transport which has three (3) StateDepartmentsnamely:

• i) TheStateDepartmentforRoads;
• i) The State Department for Transport; and
• ii)TheStateDepartmentforAviation andAerospaceDevelopment.
• 5.Further, Committee oversights the State Department for Shipping and Maritime Afairs whichisundertheMinistryofMining,BlueEconomy,andMaritimeAffairs.

1.3CommitteeMembership

6. The Committee comprises the following Members:

The Hon. G.K. George Kariuki, CBS, M.P - Chairperson Ndia Constituency United DemocraticAllianceParty

The Hon.Mutua DidmusWekesa Barasa,M.P-Vice-Chairperson Kimilili Constituency United Democratic Alliance Party

The Hon. Arama Samuel. M.P Nakuru Town West Constituency Jubilee Party

The Hon.Abdul Rahim Dawood,M.P. North Imenti Constituency Independent

The Hon. Naicca, Johnson Manya, CBS, M.P Mumias West Constituency

Orange Democratic Movement Party

The Hon. Elsie Muhanda, M.P. Kakamega County Orange Democratic Movement Party

The Hon. Francis, Kajwang' Tom Joseph, CBS, MP Ruaraka Constituency

Orange Democratic Movement Party

The Hon. Chege John Kiragu, M.P.

Limuru Constituency UnitedDemocraticAllianceParty

The Hon. Kiaraho, David Njuguna, M.P. Ol Kalao Constituency Jubilee Party The Hon.Kiunjuri Festus Mwangi, M.P. Lailkipia East Constituency The Service Party The Hon.Bady,BadyTwalib,M.P.

Jomvu Constituency Orange Democratic MovementParty

The Hon.Abdirahman,Husseinweytan Mohamed,M.P. Mandera East Constituency

Orange Democratic Movement Party

The Hon. Komingoi Kibet Kirui, M.P. Bureti Constituency United DemocraticAllianceParty

The Hon. Saney Ibrahim Abdi, M.P Wajir North Constituency United Democratic Alliance Party

The Hon. Jhanda Zaheer, M.P Nyaribari Chache Constituency United DemocraticAlliance

1.4 Secretariat

• 7.The following Members of Staff service the Committee:

HeadofSecretariat Ms.TracyChebetKoskei Principal ClerkAssistantIl

Mr.Mohamednur M.Abdullahi ClerkAssistant

Ms. Clare Chopper Doye ClerkAssistant

Mr. Abdinasir Y. Moge

Mr.ErickKariuki

Fiscal Analyst

ResearchOfficer

Ms.Faith Makena

Ms. Patricia Gichane

Serjeant-at-Arms II

Legal Counsel

Ms. Rinha Saineye MediaRelationsOfficer

Mr. Danton Kimutai Audio Officer

2.0BACKGROUND

2.lIntroduction

• 8.The Kenya Roads (Amendment) (No. 3) Bill (National Assembly Bill No. 34 of 2025) is sponsored by the Hon.Peter Kaluma,the Fifth Chairperson of Committees and the Member for Homabay Town. The principal object of the Bill is to amend the Kenya Roads Act,Cap.408 to classify public roads into national trunk roads and county roads,and tovest themanagementof countyroads under the countygovernments.

9. This classification is intended to provide clarity in the maintenance, rehabilitation and developmentoftheroadnetworkacross thecountry.TheBillseekstogiveeffectto paragraph5(a)ofPart2of theFourthScheduletotheConstitution. 10. The Bill also amends section 6 of the Kenya Roads Board Act Cap 408A that the Kenya Roads Board Act, Cap 408A in section 6(2) paragraph (d) seeks to re-

• ll. The Bill further amends section 6 of the Kenya Roads Board Act, Cap 408A by introducing new subsections (3), (4) and (5) that provide for the utilisation of the Fund by county governments and the role of the Board in county road programmes and its power toensurecompliancewiththeAct.

12. The Bill was introduced following court judgement in High Court Petition No. E423 of 2024:Council of County Governors & 4 others versus the National Assembly of Kenya & 8 others. On June 5th, 2025, Justice L.N. Mugambi delivered a governments from the Road Maintenance Levy Fund (RMLF). The Court declared the classification of public roads under section 47 of the Kenya Roads Act and Section 6 of theKenyaRoadsBoardActunconstitutional,citingviolationsofArticleI86andSection 18ofPartIoftheFourthScheduleoftheConstitution.

• 13.The court held that the decision by the National Assembly to remove county devolution and unconstitutional, including any appropriation of RMLF funds not benefiting county governments.The court emphasizedtheimportance ofconsultationand collaborationbetweennationalandcountylevelsofgovernment.

CHAPTERTWO

2.2OverviewoftheBill

• 14.The Billcontains six(6) Clauses.

15. Clause 2 proposes to amend Section 2 of theKenya Roads Actby deleting the definition of"national roads"and substituting therefore a new definition of"national trunk roads" as classified under Part A of the First Schedule, and inserting a new definition of "county definitionofnationalroadsandcountyroads. 16. Clause 3 seeks to amend the principal Act by deleting Section 47 and substituting it with anewprovisionoutlining that apublicroadshallbeclassified as setoutin theFirst Schedule,with the Cabinet Secretary responsible for classification,ensuring accurate reflection of function and reasonable access across the country.The Cabinet Secretary shall review classifications at least once every fiveyears.The amendment to the First Schedule provides for national roads and county roads, and vests the power to classify public roads in the Cabinet Secretary.

• I7.Clause4introducesnewSections47Aand47B.Section47Aoutlinesthe responsibilities of county governments with regard to county roads,including maintenance, rehabilitation, development, policy implementation, traffic management, and adherencetoaxleloadcontrolsandnationalstandards.Section47Bprovidesforroad content of signage, prohibits personal names, images, or likenesses, and prescribes penaltiesforcontravention.
• 18.Clause5seekstoamendtheFirstSchedulebydeletingitandsubstitutinganew Class Bu, Class Cu), Rural Roads (Class C, Special Purpose Roads, Special Roads). Part B provides for county road classifications,including Class D, Class E, Class Du,and Class Eu. TheBill proposesclassificationbasedonthefunctionalityofroads.

19. Clause 6 proposes consequential amendments to Section 6(2) of the Kenya Roads Board Act, redistributing the Road Maintenance Levy Fund among national government agencies and county governments. Amendments include adjusting percentage allocations to the department responsible for roads, and five percent to county governments under Article 202(2) of the Constitution. New subsections require county governments to designate a responsible department, maintain a special purpose account, comply with standards set by the Cabinet Secretary, and submit annual road programmes. The Board is mandatedtospecifyprogrammeformats,monitor andevaluatefundedworks,andtake measures to ensure compliance.

2.3SituationalAnalysis

i) Road Classification

• 20.TheFourthScheduleof theConstitutionondistributionof functionsbetween the National Government and County Governments on provisions for transport provides:
• ·Sectionl8of theFourthScheduleof theConstitutionassigns thenational government the responsibility of "constructing and operating national trunk roads"withintheareaofTransport.
• Section5of theFourthScheduleoftheConstitutionassignscountygovernments the responsibility for"County Roads" under the category of County Transport.
• 21.TheKenya Roads Act, Cap 408, Section 47, alongwith its First Schedule, classifies public roads in Kenya into three categories:National Roads,Rural Roads,and UrbanRoads.All public roads managed by an Authority must be classified according to the First Schedule, whichprovides this tripartite categorization.Each public road also has a unique number, name,or descriptionforidentificationwithinitsclassnationwide
• 22.High court ruling delivered on June 5, 2025 in the Case of Chamao & 4 others v National AssemblyofKenya&7otherspronouncedthatclassificationofpublicroadsasnational roads,ruralandurbanroadsundersection47of theKenyaRoadsAct,No.2of2007as readwiththeFirstScheduleof theKenyaRoadsAct,No.2of2007notonlyundermines theobjectivesofdevolutionbutisalsounconstitutionalforviolatingArticlel86and section I8 of Part Iof the Fourth Schedule of the Constitution.Further, the Court ruling declaredsection6of theKenya RoadsBoard Actthatestablishes theKenya Rural Roads Authorityas unconstitutional.However,thematterhasbeenappealed.

23. This amendment seeks to categorise roads broadly into two categories, namely, National Trunk Roads (part A of the First Schedule) and County Roads (Part B of the First Schedule).

• a)Thenational trunkroadsshall beclassified asprovidedfor underpartAof the FirstScheduleasfollows:
• ●Al.National Roads-PrimaryNational TrunkRoads (National Roads) Class- (As, A, B)
• A2. Urban Roads-National Trunk Roads(Urban Roads) Class- (Au, Bu, Cu)
• A3.Rural Roads-Secondary National TrunkRoads(C),Special PurposeRoads (SP),SecurityRoads(SR)

• b) The County Roads shall be classified as: Class (D, E, Du, Eu).

i) Consequential amendments to section 6 of the Kenya Roads Board Act, Cap 408A

24.The Kenya Roads Board is established under the Kenya Roads Board Act, I999. The The mandate of the Board is to oversee the road network in Kenya,coordinate maintenance,rehabilitation,and development funded by the Fund,and advise the Cabinet administers theRoads Maintenance Levy (RMLF) in accordance withSection 6 of the Act.

25. Under the objects and purpose of the Board, section 6(2) (c) of the Kenya Roads Board Act provides that the Board shall manage the Fund and allocate monies from the Fund in the following manner 2. I.Fifty per cent of the Fund shall be allocated for the purposes of section 32A which provides for the power to borrow and set aside funds to secure repayments.This Section provides that 3. a.TheBoard may,withtheapprovaloftheCabinetSecretaryandtheCabinet Secretaryresponsibleformattersrelatingtofinance,borrowsuchmonies asmay be required for theproper discharge of itsfunctionsunder thisAct.

• b. The Board may, with the approval of the Cabinet Secretary and the Cabinet meet financial demands for maintenance, development and rehabilitation of roads,

5. c.TheCabinetSecretary shallmakeregulationsfor thebettercarryingoutof this section. 6. Il.The remaining Fifty per cent of the Fund shall be allocated in accordance with the followingcriteriaindicatedintheTablebelowwhichindicatesthecurrentand proposedsharingcriteriaof theProceedsofRMLF:

| Entity | Current % Allocation | Proposed % Allocation | |--------------------------|------------------------|-------------------------| | KENHA | 40% | 36% | | KURA | 15% | 14% | | KERRA | 22%&10%:32% | 21%&10%:31% | | KWS | 1% | 1% | | KRB | 2% | 1.5% | | Roads Department | | 1.5% | | County Governments | | 5% | | CS-CriticalInterventions | 10% | 10% | | Total | 100% | 100% |

26. The amendment further specifies the modalities regarding the utilisation of the funds by the county governments, including having a dedicated department, opening and maintaining a special purpose account, complying with standards, and submitting to the boardanannualroadsprogramme. 2. 27.The amendmentfurthermandatesKRBtospecify theform andcontentof the annual roads programme; monitor and evaluate works and services financed by the fund; and takeremedial,supplementary or alternative measures to ensure compliance. 28. The Kenya Roads (Amendment) (No.3) Bill, 2025, therefore seeks to classify roads under the two broad categories as specified under the Fourth Schedule of the Constitution that refers to either National Trunk Roads or County Roads.This amendment is in compliancewith the Constitutional provisions. 4. 29.Further,the consequential amendment to the Kenya Roads Board Act, Cap.408A expands the entities that are subject tobenefit from the proceeds of RMLF by adding CountyGovernmentsandtheRoadsDepartment,andfurthermakingslightadjustments to the percentage allocations to accommodate the added entities.

CHAPTER THREE

3.0PUBLICPARTICIPATION/STAKEHOLDERENGAGEMENT

30. To undertake public participation in the Constitution and Standard Orders, an Advertisement inviting the public to submit memoranda on the Bill was published in the the Bill from relevant stakeholders namely, the Ministry of Roads and Transport vide a letterRef:NA/DDC/T&l/2025/065dated7thAugust2025;theSolicitorGeneralandthe Kenya Law Reform Commission vide a letter Ref: NA/DDC/T&l/2025/070 dated IIth August2025 2. 31.The Committee received submissionsfrom the following stakeholders:

• a) The Ministry of Roads and Transport;
• b) TheCouncilofGovernors
• c) The Institute of Engineers of Kenya
• d) Kenya Law Reform Commission

7. 32.Thesubmissionsofthestakeholdersareoutlinedbelow:

3.1 Submission by the Ministry of Roads and Transport

33. The Cabinet Secretary for Roads and Transport, Mr. Davis Chirchir, appeared before the Committee on Thursday, 14th August 2025 and submitted as follows; 34. Over the years, the Roads Sector has had a funding challenge towards the development and maintenance of theKenyanRoad Network.The Roads Maintenance LevyFund has been primarily utilised for the maintenance of Roads, while development (new exchequerallocations. 35. Due to inadequate budgetary allocation, the pending bills in the sector ballooned to over Kshs 175 billion, leading to stalling of major development works. At the same time, the maintenance of the network was strained due to shortfalls in theRoads Maintenance Levies. 36. The Cabinet Secretary stated that to revive the projects that had stalled, Kenya Roads BoardutilizedtheprovisionsofSection32AandsoldaportionoftheRMLFreceivable toabankruptcyremoteSPVwhichhasraisedthefundsfromlenders andthe consideration and amounts have beenpaid to KRB and are now being utilized to accelerateroadworksthathavebeeninprogress. 5. 37.Theimportof thisis that theproposedAmendmentBillwill needtobecognizantof the development and maintenance needs of the road network and the need to consolidate thegains made over theyears.

38. Specifically, the Ministry's recommendations are premised on the following principles; 2. (i)Appreciationof theinterdependenciesof allpartsofthenetworkhence theneedto provide support to National and County roads; 3. (i)Considerationof thespecificfunctionsandthe needsof theroadsin the networkin the classification and allocation of funds; 4. (ili)Thesustainabilityofbothdevelopment andmaintenanceinitiativesfor thecountry's network;and 5. (iv)Thesafeguardingofpublicinterestthrougheffective enforcementofstandards. 39. The Cabinet Secretary submitted that it is against this backdrop that having reviewed the proposed Bill, and in line with the provisions of the fourth Schedule of the Constitution, whichprovidesfortherolesandfunctionsofthetwolevelsofGovernmentand specifically: 7. (i)Part I sub-section 18 (b) & (c)

Transport and communications, including, in particular

• (b)Theconstructionandoperationofnational trunkroads;
• (c) standards for the construction and maintenance of other roads by counties

40. For Clause 3 (Classification of Roads), the Cabinet Secretary submitted that the Ministry wasinagreementwiththeamendmentastheNationalGovernmentisresponsiblefor roadclassificationundertheFourthScheduleoftheConstitution. 41. For Clause 4 (Responsibilities of County Government), the Cabinet Secretary submitted that theMinistrysupported the amendmentwhilenoting that County Governmentshave beenobligedtoadheretostandardssetbytheCabinetSecretaryandsupported the provision.

Clause4

43. That Clause 4 is amended by inserting a new section 47 B to read as follows: "A public roadshallbearsignageincludingitsclassification,roadcode,includingthelevel of Governmentresponsibleforitsmaintenance,rehabilitationanddevelopment."

Justification

• 44.This is to ensure that a road is identifiable by its class and number, and to also clearly indicate the level of Government responsible for the maintenance, rehabilitation and development of theroad.

Committeeobservation

• 45.The Committee adopted this amendment.

Clause5

46. Delete the description for Secondary National Trunk Road C and replace with "Roads linking major designated towns and forming a continuous network with A and B road."

Justification

47. This is to provide for clarity and ensure functionality of roads is embedded in the classification.

CommitteeObservation

• 48.TheCommittee agreedwith the amendment.

3.2Submissionby the Council of Governors

49. The Council of Governorsmade a written submission vide a letter Ref: COG/6/42 VOL.8 (34) dated 12th August 2025, stated as follows;

(i)AlignmentwithDevolution

50. The Council of Governors stated that the Bill partially aligns with the Constitution of Kenya, 20lo, by recognising county roads as a county function under the Fourth Schedule. However, it creates ambiguity regarding county autonomy, centralizes decisionmakinginthenationalgovernment,andfailstoupholdthespiritofdevolutionas enshrined in Articles 6(2), 174, 175,and 187 of the Constitution.

i.Over-centralisation of Classification and Oversight Functions

51. COG stated that the Bill grants the Cabinet Secretary powers to classify and reclassify all roads,including countyroads,which contradicts ArticleI86and the FourthSchedule. These provisions assign the function of county roads exclusively to county governments. TheCOGproposed a jointclassificationmechanisminvolvingbothnationaland county governmentstorespect the constitutionalstatus of counties.

iii.FinancialAllocationtoCounties

52. COG submitted that the Bill imposes conditions on the utilization of funds, such as compliance with standards set by the Cabinet Secretary, which may unduly constrain county autonomy. The COG recommended that counties be allowed to develop their forinArticleI90of theConstitution.

iv.AllocationtoCountyGovernments

53. The COG proposed that allocations to county governments should not be less than 15% of the total collections from the levy. Additionally, no more than 5% of the county allocations should be used for operations and supervision, in line with provisions for other agencies. 54. The Council of Governors proposed the following Amendments:

Clause3

55. Amend Clause 3 by deleting subsection (4) of section 47 and inserting a new subsection (4) as follows; 2. Council ofGovernorsberesponsibleforclassificationofpublicroadsandatleastonceevery five years, review the classification and assignment of public roads."

Justification

56. COG seeks to ensure that the power given to the CS for classifying public roads is undertakeninconsultationwiththeCOG.

Committeeobservation

• 57.TheCommitteeadoptedthisamendment.

Clause4

58. Proposed that paragraph (f) of the proposed Section 47A (l) be deleted, which assigns theoversightof traffic androadsafetyoncountyroadstothecountygovernment.

Justification

59. Since this is an exclusive county function under the Fourth Schedule of the Constitution, theCOGrecommended deleting thisprovision.

Committeeobservation

• 60.Thissectionalreadyprovidesthefunctionofoversightoftrafficandroadsafetyon county roads to county governments, this amendment was misplaced.

Clause 4 subsection (2)

• 61.TheCoGproposed thatsubsection(2)of section47Abedeleted andreplacedwith the following:
• (2) County governments shall implement road policies and standards that are aligned with nationalframeworksbutcustomizedtolocalcontextsasprovidedincountylegislation.

Justification

62. The COG submitted that the provision limits the ability of counties to develop standards suited totheircontext,contrary totheprinciple of distinctfunctionsundersection6(2).

Committeeobservation

• 63.TheCommitteerejectedthisamendmentas thestandardsfortheconstructionand maintenanceofotherroadsbycountiesareafunctionoftheNationalGovernmentas pertheFourthScheduleof theConstitution.

Clause5

• theirsubmissions.Theyalsoproposed that thedescriptionof theroads alignwith the Urban Areas and Cities Act, especially for Class A and Class C public roads. They thereforesubmittedthattheroadsbeclassifiedasfollows:
• (i National Roads: Primary trunk roads, highways connecting cities, international

• (i) County Roads: Roads linking sub-county headquarters, inter-ward roads, urban collectors,minorarterials,andlocalaccessroads.

Justification

• 65.Theproposedclassificationblursjurisdictionallinesbetweennational andcountyroads. Further,someroads classified as national roads(such as minor urban arterials,collectors) may liewithin thefunctional jurisdiction of counties.

Committeeobservation

• 66.TheCommitteerejectedthisamendmentasthestandardsfortheconstructionand maintenanceofotherroadsbycountiesareafunctionoftheNationalGovernmentas pertheFourthScheduleof theConstitution.

Clause6

67. The CoG proposed that the Bill be amended in subsection (4) to read"counties submit their own roadprograms through theircounty executive members and to submit to theBoardfor informationandfundingallocation."

Justification

• 68.TheCoGsubmittedthat theprovisionundermines the financialandoperational autonomyofcountiesunderArticle203andthePublicFinanceManagementAct.

Committeeobservation

69. The Committee rejected this proposal as the Board is exercising its mandate as provided in the Act and is not overreaching.

Clause 6subsection(3)(a)and (b)

70. Delete subsection (3)(a) and (b), which impose administrative requirements on counties, accounts.

Justification

71. The COG argued that these are internal administrative matters and should be deleted.

Committeeobservation

72. The Committee rejected this proposal as this provision promotes the principle of fiscal responsibilityintheutilisationofthefundspursuanttoArticle20l(d).

Clause 6 (5)

73. Amend the proposed subsection (5) of section 6 by limiting the Board's role to financial countygovernmentortheSenate.

Justification

74. The Board will overlap the county oversight role and violate Article 183 (3) and 185 of theConstitution.

Committeeobservation

75. The Committee rejected the proposed amendment as the Board is mandated to oversee the road network in the country, coordinate optimal utilisation of the Fund and also overseethemaintenance,rehabilitation and theroadnetwork.

Additionally,theBoard isrequired to conduct technical,financial andperformance audits of all works, goods and services funded by the Fund in accordance with section 26 of the Act.

NewClause7

76. The CoG Proposed consequential amendment to the Kenya Roads Board Act, Cap. 408 to amendsection 7 (l)of theActon themembershipoftheBoardby insertinga new sub-paragraph asfollows;

"Three representatives of the County Governments nominated by the Council of Governors"

Justification:

77. This is to include representation of counties in the Kenya Roads Board.

Committeeobservation

78. The Committee rejected the proposed amendment as it unduly expands the scope of the Bill.

3.3Submissionby theInstitute of EngineersofKenya

79. The Institute of Engineers of Kenya made a written submission vide a letter Ref: IEK/PRE/CEO/MA/3309/2025dated12tAugust2025statedasfollows;

Clause2

80. IEK noted that there was need to define the terms "national trunk roads" and "county roads"to distinguish between the two clearly and eliminate ambiguity.For example,Class C roads (linking county headquarters) could overlap with county roads, causing confusion.

Justification:

Clear classificationis essentialforpublic and administrativeclarity, ensuring proper

identificationandmanagementoftheroadnetwork.

Committeeobservation

TheCommitteerejectedthisproposal andthedescriptionof theisprovidedforin theFirst ScheduleoftheBill

Clause4

81. IEK noted that the Bill mandates County Executive Members (CECMs) to oversee road maintenance, rehabilitation, and development, a structure lEK deems inefficient, mirroring outdated national models. They proposed that section 47A be amended to include the formation of county road agencies similar to the water subsector. The Council alsoproposed an amendmentbeincludedtoprovideforqualificationsfor those whoshallheadsuchagencies. 82. Further, the Council of Governors proposed that the heads of department in each county government department are professional engineers with experience in Highway Engineering.

Justification

83. This is to ensure effective delivery of county roads, so that funds meant for roads are ring-fenced and also ensureprofessionalism in the delivery of county roads.

Committeeobservation

84. The Committee rejected this proposal as it unduly expands scope of the Bill into administrativeconcernsoftheCECmemberandqualificationsofheadsofproposed agencies.

Clause5

85. On Road Classification and Jurisdiction (Part A & B, Sections Al-A3), the IEK submitted that that the current classification blurs jurisdictional lines and lacks functional clarity. 86. They proposed a three-tier classification be established: 3. (regional connectors). 4. (ii) County Roads: Collector roads (linking local areas) and local roads (residential/access roads). 5. (ii) Municipal/City Roads: Urban-specific categories. 87. They further proposed that each category to have four primary classes that include: 7. (i) Principal Arterials 8. (ii) Minor Arterials 9. (ii) Collector Roads 10. (iv) Local Roads

Justification

• respective authorities.

Clause 6

89. The IEK noted that counties receive meagre funding despite constitutional mandates for equitable revenue sharing (Articles 20l, 202, 203). They proposed that Counties be allocated atleastI5%of RMLF,reflecting their81%share of theroad network.

Justification: Constitutional principles and the scale of county responsibilities necessitate proportional funding to prevent network deterioration.

90. The IEK proposed the following adjustments to the apportionment of the RMLF: 2. (a) National Trunk Roads: 39% (up from 36%);

Justification-Thereductionfrom40%to36%issubstantialandwillresultin inadequate maintenance of trunkroads.National trunkroads can deteriorate quickly due to the volume of traffic using them.

• (b) Urban Roads: I3% (down from /4%);
• (c) Roads Department: 0.5% (down from I.5%).

Justification:TheStateDepartmentforRoads isresponsibleforroadinfrastructure standards; its mandate is limited, therefore,an allocation of I.5% is not reasonable.

(d) County Roads: 9% (up from 5%).

Justification:Countyroads as at 2016,form more than121,000km out of 161,000km nationally, which is around 81% of the roads. An allocation of 5% will not have much impactonthemaintenanceof theseroads.

91. IEK also made the following recommendations:

• (i) Professional Standards: Ensure all road projects adhere to national engineering standards,with mandatory involvement of registered engineers.
• respective governments to avoid jurisdictional conflicts.
• challenges.

3.4 Submission by the Kenya LawReform Commission

92. The Kenya Law Reform Commission made a written submission vide a letter Ref: KLRC/8/64 VOL. V (21) dated 13th August 2025 stated as follows; 93. On the Kenya Roads Act, Cap 408, regarding Clause I (Short Title), the Kenya Law Reforms Commission agrees with the proposed amendments since it is a standard provision in any amendment Bill. 3. 94.On Clause 2 (Amendment of Section 2 - Definitions), the KLRC concurred with the proposed provision as the definitions adhere to international road classification n es d s Constitution. 4. 95.OnClause3(Amendmentof Section47-Classificationof Roads),theKLRCconcurred withtheproposedamendmentsastheamendmentclearlyclassifiesroadsanddefinesthe role of the Cabinet Secretary in reviewing the classification and assignment of public roads. 96. On Clause 4 (Insertion of Sections 47A and 47B - County Road Management), KLRC submitted thatitwasin agreementwith the amendmentssincetheproposaloutlinesthe roles and responsibilities of county governments in managing county roads, as mandated by the Constitution. 97. On Clause 5 (Amendment to the First Schedule -Road Classification Details), the KLRC submittedthatitagreedwiththeamendmentsnotingthattheamendmentprovidesa clear classification of national, urban, and rural roads, including detailed delineation of inter-wardroads androutesundercountyjurisdiction.

98. On the Kenya Roads Board Act, Cap 408A:

• (i)On Clause 6 (Consequential Amendments toSection 6(2)-Fund Allocation) KLRC concurs with theprovisionwith a note of caution,since the amendment adjusts the allocationofRMLFfundstoreflectthenewroadclassifications.However,theKLRC recommended furtherconsultationamongtheCabinetSecretaryforFinance,the allocations arepegged to specific road categories and needs.

99. In conclusion, KLRC submitted that it supported the Bill as it aligns with constitutional provisions, particularly paragraph 5(a) of Part 2 of the Fourth Schedule. However, the Commissionemphasized theneedfor:

• (i) Public Participation: Further engagement with stakeholders, including the Ministry of Finance, Ministry of Transport, and Kenya Roads Board, to ensure transparent and equitableallocationofRMLFfunds.

• road categories to ensure adequate funding for maintenance, rehabilitation, and development

CHAPTERFOUR

4.0COMMITTEEOBSERVATIONS

• I00. The Committee, having had engagements with stakeholders and considered submissionsreceived,madethefollowingobservations;
• 1)The Kenya Roads (Amendment) (No.3) Bill, 2025 was introduced to comply with the court judgement in High Court Petition No. E423 of 2024: Council of County Governors&4othersversustheNationalAssemblyofKenya&8others.TheHigh Court decision declared the previous road classification framework unconstitutional. The amendments attempt to remedy shortcomings by aligning with Constitutional principleson devolution andequitablesharingofresources;
• 2)The Bill seeks to classify roads under the two broad categories as specified under the FourthSchedule of theConstitution,that refers toeither National TrunkRoads or County Roads;
• 3)The Committee observed that vesting exclusive classification authority in the Cabinet Secretary, without a clear set-out criteria, risks conferring arbitrary powers by granting excessive discretion. The Committee emphasised the need to incorporate a consultative mechanism to ensure that the Cabinet Secretary's decisions are guided by objective criteria and aligned with constitutional requirements;
• while adhering to compliance with standards set by the Cabinet Secretary, as per the Fourth schedule of the Constitution Part I paragraph I8 (c). The Committee noted that provisions requiring counties to maintain special-purpose accounts and designate transparency andaccountabilityinlinewithArticle20lof theConstitution;
• 5)The proposals toexpand the membershipof theKenya Roads Board to include county government representatives were noted but found to fall outside the scope of theBill;and
• governments(5%)isapositivesteptowards strengthening devolution.The Committee observed that this allocation is adequate to support county governments infulfillingtheir mandate oncountyroads,provided that thefunds are managed transparently and complemented by equitable revenue sharingunder Article 202 of the Constitution.

CHAPTERFIVE

5.0COMMITTEERECOMMENDATION

• I0l. The Committee, having had engagements with stakeholders and considered submissions received,recommends that the House approves the Kenya Roads (Amendment)(No.3) Bill(National Assembly Bill No.34of 2025 with amendments\_as pertheScheduleofamendmentsformingChapter6ofthisreport.

6.0.SCHEDULEOFAMENDMENTS

102. Upon considering the Kenya Roads (Amendment) Bill, 2025, National Assembly Bill No.34 of 2025 and submissions from stakeholders,the Committee proposes the following amendments:

CLAUSE3

103. THAT Clause 3 of the Bill be amended by deleting subsection (4) of the proposed section47and insertinganewsubsection(4) asfollows; 47(4) The Cabinet Secretary shall,in consultation with the relevant county government,be responsibleforclassificationofpublicroadsandat leastonceeveryfiveyears,reviewthe classificationandassignmentofpublicroads.

Justification:

• I04.The National Government is charged with the responsibility for standards of public standardswhichmaytakeintoconsiderationseveral factorssuchas theroadfunctions, traffic levels, levels of service and right of way / wayleaves among others. The amendment seeks to create a consultative mechanism between the relevant county government and the Cabinet Secretary's when classifying roads and reviewing the classification of roads.

II.CLAUSE4

• I05.THAT Clause 4 of the Billbe amended in subsection (l) of the proposed section 47B by inserting the term "road code" after the term"classification".
• 47B.(1) A public road shall bear signage indicating its classification,road code including the level of governmentresponsible forits maintenance,rehabilitation anddevelopment.

Justification:

• I06.The amendmentseeks toensure that theroad isidentifiedby itsclass and number.

I.CLAUSE5

• I07.THATClause5oftheBillbe amendedinPartAof theproposedFirstSchedule that provides forNational TrunkRoads inClassCu underpartA2onNational TrunkRoads (Urba Roads) by inserting the term "towns and "after the term "main"and before the term"residentialareas"—

A3.Urban RoadsNationalTrunkRoads

ClassCu-Major urban collectors thatprovide the linkbetween arterialsand county roads,distributing traffictoresidential andotherdefinedzones,typically taking the formofradialroadsbetweenarterialsorspineroadsservingthemaintownsand residential areasorotherdefinedzones.

Justification:

• 108.The amendment seeks to provide a concise and clear description of the proposed Class Cu.

IV.CLAUSE5

• 109.THATClause5of theBillbeamendedinPartAoftheproposedFirstSchedule that provides for National Trunk Roadsby deleting Class Cunderpart A3 onSecondary National TrunkRoads andinserting thefollowingnewdescription—
• A3.Rural Roads-SecondaryNational TrunkRoadsC(Secondarynational trunk roads)-Roads linkingmajor designated towns andforming a continuous network with A andBroads.

Justification:

• Il0.The amendment seeks to provide a concise and clear description of the proposed Class C.

V.CLAUSE5

• II1l.THATClause5of theBillbeamendedinPartAof theproposedFirstSchedulethat provides for National Trunk Roads by inserting under part A3 on Secondary National TrunkRoads,the following new class,immediately after Class Security Roads SR— LastMileCityRoadsLM-Notwithstanding classificationofUrbanRoads,linkroads providinglastmileconnectionsincitiesbycollectingsubstantialtrafficfromarterialsand

LastMileCityRoadsLM—A3.RuralRoads-SecondaryNationalTrunkRoads conveyingthesame toresidential terminalssoas toformacontiguousnetworkbetween residentialareasandestatesorotherdefinedzones.

Justification:

• I12.Theamendmentseekstoprovideanewclassofroadswithinurbanareas that provideforlastmileconnectivity.

VI.CLAUSE6

• I13.THAT Clause 6 of the Bill be amended in paragraph (a) by deleting the term "twentyonepercent"andsubstituting thereforwith the term"twenty fivepercent".

Justification:

• Il4.The amendment seeks to provide for an increase in disbursement of the Constituency Road Fund that is administered by the Rural Roads Authority (KERRA), whichisanequitablefund.

VII.CLAUSE 6

• I15.THAT Clause 6 of the Bill be amended by inserting a new paragraph (aa) immediately after paragraph (a) as follows-
• therefor the words"seven percent".

Justification:

• Il6.The amendment seeks to provide a reduction to the allocation to national roads administered by Kenya Rural Roads Authority for the maintenance and development of link roads.

VIII.CLAUSE6

• I17.THAT Clause 6 of the Bill be amended in paragraph (b) by deleting the term "thirty-six percent" and inserting the term "thirty eight percent".

Justification:

• I18.The amendment seeks toprovide an increase to the allocation tonational roads administered by the National Highway Authority due to the large road network under KENHA.

IX.CLAUSE6

• I19. THAT Clause 6 of the Bill be amended in paragraph (e) by inserting a new subparagraph(ix) as follows—

(ix)The cabinet secretary shall,in his discretion, consider objective criteria such as maintaining others,in utilization of funds allocated under sub-paragraph(vi).

Justification:

• 120.To introduce objective criteria for the exercise of discretionary consideration in the utilization of the Cabinet Secretary's allocation consistent with good governance.

X.CLAUSE6

• I21.THAT Clause 6 of the Bill be amended in paragraph (f) in the proposed new sub section (3) by inserting a new paragraph (da) as follows—
• (da)TheKenya Roads Board shall not approve disbursement of fundsunless the relevant county government hasmet therequirements set out insubsection(3)(a) and (b).

Justification:

• 122.The amendmentseekstoprovideforconditionsbefore thedisbursementof thefunds to the county government to ensure financial prudence and accountability.

XI.CLAUSE 6

123. THATClause6oftheBillbeamendedinparagraph(f)intheproposednew e, s e ()e, an ar ap a (e)(t) oas n

Justification:

• 124.Theamendmentseekstoprovidefor theaccuratereferencetotheannualroad programme that is provided in subsection 3 (d).

SIGNED

DATE

HON.GK GEORGEKARIUKI,CBS,M.P.

CHAIRPERSON,DEPARTMENTALCOMMITTEEONTRANSPORTAND INFRASTRUCTURE