FIRST SCHEDULE
CLASSIFICATION OF PUBLIC ROADS
All public roads in Kenya shall be classified as follows—PART A - NATIONAL ROADS
| Class | Description |
| CLASS A | International trunk roads linking centres of internationalimportance and crossing international boundaries or terminating at international ports. |
| CLASS B | National trunk roads linking nationally important centres. |
| CLASS C | Primary roads linking provincially important centres to each other or two higher class roads. |
PART - RURAL ROADS
| Class | Description |
| CLASS D | Secondary roads linking locally important centres to each other, to more important centres or to higher class roads. |
| CLASS E | Any link to a minor centre. |
| Class | Description |
| CLASS F | Forest roads. |
| CLASS G | Roads serving Government institutions. |
| CLASS K | Roads accessing coffee (kahawa) growing areas. |
| CLASS L | Roads accessing settlement scheme areas. |
| CLASS P | National park roads. |
| CLASS R | Roads accessing rural areas. |
| CLASS S | Roads accessing sugar growing areas. |
| CLASS T | Roads accessing tea growing areas. |
| CLASS U | Unclassified rural roads including mining roads, etc. |
| CLASS W | Roads accessing wheat growing areas. |
PART C – URBAN ROADS
| Class | Description |
| CLASS UA | Urban Arterials. |
| CLASS UC | Urban Collectors including primary distributors, district distributors. |
| CLASS UL | Urban local roads including minor distributors, local streets, residential stand accesses, commercial and industrial stand accesses, shopping streets. |
SECOND SCHEDULE
THE VARIOUS BODIES WHICH MAY NOMINATE REPRESENTATIVES TO BE APPOINTED BY THE CABINET SECRETARY
PART A – THE HIGHWAYS AUTHORITY
1.Institution of Engineers of Kenya3.Institute of Certified Public Accountants of Kenya4.Institute of Surveyors of Kenya5.Kenya Association of Manufacturers6.Any institution of tertiary learningPART B – THE RURAL ROADS AUTHORITY
1.Institution of Engineers of Kenya2.Institute of Certified Public Accountants of Kenya3.Institute of Surveyors of Kenya4.Association of Local Government Authorities5.Any institution of tertiary learning6.Kenya Farmers’ AssociationPART C – THE URBAN ROADS AUTHORITY
1.Institution of Engineers of Kenya2.Institution of Surveyors of Kenya3.Kenya Institute of Physical Planners4.Kenya Association of Manufacturers5.Any registered public transport organisationTHIRD SCHEDULE
PROVISIONS AS TO THE CONDUCT OF THE BUSINESS AND AFFAIRS OF THE BOARD
(1)The first meeting of the Board shall be convened by the Chairperson and, subsequently, the Board shall meet as often as necessary for the transaction of business at such places and at such times as may be decided upon by the Board, but it shall meet at least once every three months.(2)The Chairperson shall preside at every meeting of the Board and in his absence the members present may appoint a member from among themselves to preside at that meeting.(3)The Chairperson or in his absence a member appointed by the Board to act in his place, may at any time call a special meeting upon a written request by a majority of the members.(4)Notice of every meeting of the Board shall be given in writing to each member at least five days before the day of the meeting.(1)Subject to subparagraph (2), five members, excluding the ex officio members shall constitute a quorum for the conduct of business at any meeting of the Board.(2)When there is no quorum at, or for the continuation of, a meeting of the Board only because of the exclusion of a member from the deliberations on a matter in which he has disclosed a personal interest, the other members present may if they deem it expedient so to do—(a)postpone the consideration of that matter until there is a quorum without that member; or(b)proceed to consider and decide the matter as if there was a quorum.(1)All questions proposed at a meeting of the Board shall be decided by a majority of the votes of the members present and voting, and in the event of an equality of votes, the person presiding shall have a casting vote in addition to his deliberative vote.(2)A decision may be made by the Board without a meeting by circulation of the relevant papers among the members of the Board and by the expression of the views of the majority of the members in writing but any member shall be entitled to require that the decision be deferred and the matter on which a decision is sought be considered at a meeting of the Board.(1)The Board shall cause the minutes of all proceedings of its meetings to be recorded and kept, and the minutes of each meeting shall be confirmed by the Board at the next meeting of the Board and signed by the Chairperson or the person presiding at the meeting.(2)The Chairperson of the Board shall submit to the Cabinet Secretary a copy of the minutes of each meeting of the Board as soon as the minutes have been confirmed.5.Board to regulate its own procedureSubject to the provisions of the State Corporations Act, the Board may regulate its own procedure.6.Co-opting to the BoardThe Board may co-opt any person to participate in its deliberations, but a person so co-opted shall have no right to vote.7.Committees of the Board(1)The Board may appoint committees of the Board—(a)to inquire into and advise the Board on any matter concerning the functions of the Authority as the Board may refer to the committee;(b)to exercise such powers or perform such functions of the Authority as the Board may delegate or refer to the committee.(2)A committee appointed under subsection (1) shall consist of a Chairperson and other persons, whether members of the Board or not, as the Board may determine.(3)The Board may require a committee appointed under this section to act jointly or in co-operation with any other committee.(4)Members of a committee appointed under this section may be paid such allowances as the Board may, with the approval of the Cabinet Secretary, determine.(5)Subject to any direction given by the Board, a committee appointed under this section may regulate its own procedure.8.Secretary to the BoardThe Director-General shall be secretary to the Board.FOURTH SCHEDULE
TRANSITIONAL ARRANGEMENTS
1.Interim management committeesThe Cabinet Secretary shall establish an interim management committee for the Highways Authority and the Rural Roads Authority and for the Urban Roads Authority in consultation with the Cabinet Secretary responsible for Local Government.2.Transfer of functions(1)On the inaugural date for the Highways Authority, all functions of the Roads Department and the Urban Development Department pertaining to national roads shall be deemed to have been transferred, assigned and delegated to the Highways Authority.(2)On the inaugural date for the Rural Roads Authority, all functions of the Roads Department and the Urban Development Department pertaining to rural roads shall be deemed to have been transferred, assigned and delegated to the Rural Roads Authority.(3)All county and town councils as defined under the Local Government Act (Cap. 265) shall, on the inaugural date for the Rural Roads Authority, or upon creation thereof where such creation occurs after the inaugural date, be deemed to have transferred, assigned and delegated all functions as described in section 7 of this Act in full to the Rural Roads Authority.(4)All municipal councils and the city council shall, on the inaugural date for the Urban Roads Authority or upon their creation where this occurs after the inaugural date, after the inaugural date, be deemed to have transferred all functions described in section 10 to the Urban Roads Authority in full.3.Transfer of rights, powers, etc.(1)All rights, powers, liabilities and duties, whether arising under any written law or otherwise, which immediately before the commencement of this Act were vested in, imposed on or enforceable against the Government in respect of the Roads Department and the roads section of the Urban Development Department as the case may be, shall, on the respective inaugural dates be transferred to, vested in, imposed on or be enforceable against the Highways Authority, the Rural Roads Authority or the Urban Roads Authority as the case may be.(2)All rights, powers and liabilities relating directly to roads, whether arising under any written law or otherwise, which immediately before the commencement of this Act were vested in, imposed on or enforceable against town councils, and county councils as the case may be shall, on the inaugural date for the Rural Roads Authority, be transferred to, vested in, imposed on or be enforceable against the Rural Roads Authority.(3)All rights, powers and liabilities relating directly to roads, whether arising under any written law or otherwise, which immediately before the commencement of this Act were vested in, imposed on or enforceable against municipal councils, or the City Council as the case may be, shall, on the inaugural date for the Urban Roads Authority, be transferred to, vested in, imposed on or be enforceable against the Urban Roads Authority.4.Directions, orders issued before commencement(1)All lawful directions, orders, rules, authorizations and other things published, made, given or done by the Roads Department relating to national roads, or subsidiary legislation thereunder, subsisting at the inaugural date shall on and after that day be deemed to have been published, given, made or done by the Highways Authority.(2)All legal directions, orders, rules, authorizations and other things published, made given or done by the Urban Development Department relating to urban roads, or subsidiary legislation thereunder subsisting at the inaugural date, shall on and after that day be deemed to have been published, given, made or done by the Urban Roads Authority.(3)All legal directions, orders, rules, authorisations and other things published, made, given or done by a local Authority in relation to roads, or subsidiary legislation thereunder subsisting at the inaugural date shall on and after that day be deemed to have been published, given, made or done by the Urban Roads Authority or Rural Roads Authority, as the case may be.5.Acts etc. before commencement of this Act(1)Any legal act or thing done or purported to be made or done or any act or thing omitted to be done on behalf of or in the name of the Roads Department prior to the inaugural date of any of the authorities established under this Act by any person acting in good faith and with due or apparent Authority in that behalf shall be deemed to be an act or thing made or done or omitted to be done, as the case may be, by the concerned Authority.(2)Any legal act or thing done or purported to be made or done or omitted to be done on behalf of or in the name of the Urban Development Department as relates directly to roads, prior to the inaugural date of the Urban Roads Authority or the Rural Roads Authority by any person acting in good faith and with due or apparent Authority in that behalf shall be deemed to be an act or thing made or done or omitted to be done, as the case may be, by the Urban Roads Authority or Rural Roads Authority, as the case may be.(3)All legal directions, orders, rules, authorization and other things published, made, given or done by a Local Authority in relation to roads, or subsidiary legislation thereunder subsisting at the inaugural date shall on and after that date be deemed to have been published, given, made or done by the Urban Roads Authority or the Rural Roads Authority, as the case may be.6.Regulations governing transfer of assets liabilities(1)The Cabinet Secretary for Finance, may, in consultation with the Cabinet Secretary and with the Cabinet Secretary for Local Government, provide that any assets and liabilities which, immediately before the commencement of this Act, were vested in the Government for the use of the Roads Department or the roads section of the Urban Development shall on such commencement vest in the Highways Authority or the Urban Roads Authority, as the case may be.(2)The Cabinet Secretary responsible for finance may at any time, in consultation with the Cabinet Secretary and the Cabinet Secretary responsible for local government, direct that any assets and liabilities which immediately before the commencement of this Act were vested in any local authority for purposes of road development and maintenance be vested in the Urban Roads Authority or the Rural Roads Authority, as the case may be.7.Regulations governing transfer of functionsThe Cabinet Secretary and the Cabinet Secretaries responsible for matters relating to finance and Local Government shall have power to issue such administrative guidelines and regulations to be followed in enabling all road maintenance, rehabilitation and development functions, and any matters pertaining thereto to be transferred from any local Authority to the authorities as appropriate.8.Updating of recordsEvery public officer having the power or duty to effect or amend any entry in a register relating to property, or to issue or amend any certificate upon request made by or on behalf of an Authority, shall do all such things as are by law necessary to give final effect to the transfer of property mentioned in any order made under this Schedule.9.Staff(1)Upon the commencement of this Act the various Boards shall assess the members of staff of the Roads Department or the roads section of the Urban Development Department or of any local Authority and select officers therefrom pursuant to section 15 of this Act.(2)Any person assessed and engaged as an officer of any Authority under subparagraph (1) shall be deemed to be in continuous service for purposes of the pensions laws.(3)Any officer who is assessed and engaged by an Authority under subparagraph (1) who was on the date of the commencement of this Act a member of any statutory or voluntary pension scheme or provident fund, shall for the purpose of this Act, continue to be governed by the same regulations governing those schemes or funds and his service with the respective Authority shall be deemed to be eligible service for the purposes of the pension scheme or provident fund.10.InterpretationIn this Schedule—“City Council” means the City Council of Nairobi within the meaning of the Local Government Act;“inaugural date” means the dates of inauguration of the various authorities established under this Act, which dates shall fall within the period of twelve months after the commencement of this Act, on which an Authority shall be declared by the Cabinet Secretary to assume full responsibility of the roads falling within the mandate by virtue of this Act;“road Authority” means any of the authorities established under this Act;“Roads Department” means the department by that name within theMinistry responsible for Roads at the date of the commencement of this Act;“Urban Development Department” means the department by that name within the Ministry of Local Government at the date of commencement of this Act.FIFTH SCHEDULE
CONSEQUENTIAL AMENDMENTS
Spent
