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Mor Policy Paper On Constitution Realignment
Mor Policy Paper On Constitution Realignment
MINISTRY OF ROADS
JULY 2012
ACRONYMS BOTs ERB ICT INTP KAA KCAA KENTRA KeNHA KeRRA KIHBT KPA KRB KURA KWS MDGs MoR MoT MTD MTF MTRD NLC PFIs PPPs PSV
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Build, Operate and Transfer Engineers Registration Board Information and Communications Technology Integrated National Transport Policy Kenya Airports Authority Kenya Civil Aviation Authority Kenya National Trunk Roads Authority Kenya National Highways Authority Kenya Rural Roads Authority Kenya Institute of Highways and Building Technology Kenya Ports Authority Kenya Roads Board Kenya Urban Roads Authority Kenya Wildlife Service Millennium Development Goals Ministry of Roads Ministry of Transport Mechanical and Transport Department Mechanical and Transport Fund Materials Testing and Research Department National Land Commission Private Finance Initiatives Public-Private Partnerships Public Service Vehicles
Road Fund Road Maintenance Levy Fund Registrar of Motor Vehicles Roads Regulatory Authority Road Sector Investment Programme Semi Autonomous Government Agencies Transport Licensing Board Traffic Police Department
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EXECUTIVE SUMMARY Kenya has a devolved system of Government and its territory divided into forty seven (47) counties. The Constitution of Kenya is founded on the national values set out in Article 10. The sovereign power belongs to the people of Kenya and shall be exercised only in accordance with the Constitution. The Bill of rights guarantees all Kenyans freedom of movement and gives all Kenyans a right of access to their homes, education, healthcare services, housing, water, social security and to clean and healthy environment. Roads are one of the modes of transport of people and goods and are used to interconnect other modes as well as provide access to basic social services. Roads account for about 93% of all freight and passenger traffic in Kenya. Roads are key enablers for economic, social and political development. Therefore roads must be managed in a prudent and effective manner to realise the dream of Kenya as enshrined in the Vision 2030. This policy seeks to align roads sub-sector to the constitution of Kenya for an efficient and effective road network. It provides for a legal, institutional and administrative framework for the management of roads at the National and County level. The policy builds on Sessional paper No. 5 of 2006 on the Development and Management of the Roads Sub-Sector for Sustainable Economic Growth. Kenya public road network has been categorised into the national trunk roads and the county roads by the Constitution. The network is 160,886km and is currently classified according to functionality. This policy further defines the national trunk roads and the county roads. The category and classification are dynamic and will evolve over the years. The current institutional framework has been restructured to reflect clear institutional mandates and autonomy. The State Department shall be responsible for road policy formulation. Three statutory bodies shall be established namely: Kenya National Trunk Roads Authority responsible for the national trunk roads management as well
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as technical support to the Counties, Roads Regulatory Authority responsible for enforcement of standards; and the Road Fund responsible for the sourcing and management of funds for the roads sub-sector. The institutions shall be managed by a board of directors that shall be appointed in a manner that promotes the values and principles of public service. It shall have an efficient staff establishment and have clear line of relationship between the National and County Governments. The institutions shall ensure that their services are accessible to Kenyans throughout the Republic. Functions shall be shared and transferred from the National to County Government in a manner that enhances continuous service to the people of Kenya. Resources shall be enhanced and shared between the National and County Government in an equitable manner to ensure that there is balanced development. This policy is divided into Seven Chapters. Chapter one analyses the current road policies pointing out the challenges while providing a rationale for the policy. Chapter two provides a detail of the existing road network and proposes operational policies for effective management. Chapter three gives a foundation for the Road sub sector policy. Transformational Strategies are contained in Chapter Four. Chapter four further contains the proposed legal and institutional framework that is in line with the Constitution. Chapter Five provides for policies for roads development. Chapter Six details the critical role of roads at the County and National level. Chapter Seven gives a process of transition from the current legal and institutional framework to the system proposed in Chapter Four.
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Table of Contents
1 INTRODUCTION........................................................................................................ 1 1.1. BACKGROUND .............................................................................................................. 1 1.2. CURRENT SITUATION .................................................................................................... 1 1.3. RATIONALE FOR THE ROAD TRANSPORT POLICY .......................................................... 2 1.3.1 Alignment to the Constitution .................................................................................. 2 1.3.2 Accessibility to Economic and Social Rights ........................................................... 4 1.3.3 An Integrated Road Transport Policy...................................................................... 4 1.4. ROLE OF THE CABINET SECRETARY IN POLICY COORDINATION ................................... 5 2 2.1 2.2 2.3 3 THE ROADS SUB-SECTOR...................................................................................... 7 ROADS SUB-SECTOR REFORMS .................................................................................... 7 ROADS INFRASTRUCTURE UNDER KENYA VISION 2030.............................................. 11 THE EXISTING ROAD NETWORK ................................................................................. 11 FOUNDATIONS FOR ROADS SUB-SECTOR POLICY..................................... 12
3.1 SITUATIONAL ANALYSIS ............................................................................................. 12 3.1.1 Current Policy Challenges..................................................................................... 12 3.1.2 Strengths and Opportunities .................................................................................. 13 3.2 POLITICAL AND SOCIO-ECONOMIC STABILITY ............................................................ 14 3.3 POLICY OBJECTIVES ................................................................................................... 15 4 ROADS SUB-SECTOR POLICY............................................................................. 17
4.1 DEFINITION OF A PUBLIC ROAD .................................................................................. 17 4.2 DEFINITION OF ROAD CATEGORIES ............................................................................ 17 4.3 INSTITUTIONAL FRAMEWORK ..................................................................................... 18 4.3.1 Underlying Principles ............................................................................................ 22 4.3.2 Key Elements.......................................................................................................... 22 Roads Regulatory Authority.............................................................................................. 23 Roads Fund ....................................................................................................................... 24 4.3.3 Specific Functions .................................................................................................. 24 4.3.4 Composition of the Boards of Directors ................................................................ 26 4.4 LEGAL FRAMEWORK................................................................................................... 27 4.5 MOBILIZATION OF ROAD FUNDS ................................................................................. 28 4.6 ROAD EXPANSION ...................................................................................................... 30 4.6.1 Background ........................................................................................................ 30 4.6.2 Providing an Appropriate Road Network .............................................................. 30 4.6.3 Road Maintenance ................................................................................................. 31 4.6.4 Regional Roads and International Trade .............................................................. 31 4.7 ENVIRONMENTAL AND LAND USE POLICY ................................................................. 32 5 ROADS SUB-SECTOR TRANSFORMATION STRATEGIES........................... 34
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TRANSPORT SECTOR ................................................................................................... 34 ROAD SUB-SECTOR ..................................................................................................... 34 ROADS FOR SOCIO-ECONOMIC DEVELOPMENT ........................................ 35 CRITICAL ROLE OF COUNTY ROADS ........................................................................... 35 ROAD NETWORK AND SERVICE DELIVERY ................................................................. 35 COORDINATION FOR EFFECTIVE IMPLEMENTATION .................................................... 36 ROAD MAP TO NEW INSTITUTIONS................................................................. 38 IMPLEMENTATION STRATEGY ..................................................................................... 38 CONCLUSIONS ON POLICY CHOICES ............................................................................ 39
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1.2.
Current Situation
The Kenya Roads Act, 2007 and the Sessional Paper No. 5 of 2006 on the Development and Management of the Road Sub-Sector for Sustainable Economic Growth provided the legal and institutional framework for the management of roads. The Sessional Paper which was approved by Parliament on 19th October 2006 also spelled out policies to be pursued by the Government in the medium term for sustained growth. In 2007, the Government of Kenya developed the Kenya Vision 2030, which seeks to transform Kenya into a globally competitive and prosperous middle income economy with a high quality of life by 2030. Vision 2030 is built on three pillars, namely, the economic pillar, the social pillar and the political pillar. The three pillars will be anchored on six foundations, namely: infrastructure; science, technology and innovation; land reform; human resources development; security; and public service reform. The Vision 2030 seeks to ensure that Kenya achieves and sustains an average economic growth of over 10% during the next twenty five years; to build a just and cohesive society with equitable social development and a clean secure environment; and to produce a democratic political system that nurtures issue-based politics, the rule of law and protects all the rights and freedoms of every individual and society.
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Vision 2030 identifies six priority sectors that have the highest potential for economic growth. wholesale These and sectors retail are: trade, tourism, business agriculture, processing manufacturing,
outsourcing and financial services. However, to exploit the growth potential from these sectors, it is necessary to improve the infrastructure in areas that best support these growth engines, in addition to implementing key reforms in the public sector.
Following the promulgation of the Constitution of Kenya, it is necessary to review both the legal and the institutional framework for management of the roads sub-sector. This will harmonize the mandate and functions of all players in the sub-sector, define and implement structures that would effectively manage the road network at national and county levels. Under the Constitution, functions, powers and resources are divided between roads. The functions of the National and County Governments are set out in the Fourth Schedule of the Constitution. For the National Government, these are: road traffic, the Construction and operation of national trunk roads, standards for the construction and maintenance of other roads by counties, capacity building and technical assistance to the counties, public investments and disaster management. On the other hand, those of the County Government are county transport including county roads, street lighting, traffic and parking, public road transport and ferries and harbours. Prior to the promulgation of the Constitution, roads were under the management of the Ministry of Roads through various statutory bodies.
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the
National
and
County
Governments.
The
Constitution
Other players in the management of roads were Local authorities, Ministry of Nairobi Metropolitan Development, Ministry of Youth Affairs and Sports and the Constituency Roads Committees. The County Governments Act, 2012 is intended to give effect to Chapter Eleven (11) of the Constitution on Devolved Governments. The Transition to Devolved Government Act, 2012 and the Inter-Governmental Relations Act, 2012 have been enacted to provide for the transfer of functions from the National to County Governments and to provide for cooperation and consultations between the two levels of Government respectively. This policy therefore seeks to provide for a framework for management of roads at the national and county levels. Funding sources for road management prior to the promulgation of the Constitution included: the Exchequer, Road Maintenance Levy Fund (RMLF) and funds from Development Partners. The Constitution provides under Article 202(1) that revenue raised nationally shall be shared equitably between the National and County Governments. An Equalization Fund is established to provide basic services including water, roads, health facilities and electricity to marginalized areas as necessary to level the quality of those services enjoyed in those areas to the rest of the nation. Article 206 (1) of the Constitution also establishes the Consolidated Fund into which shall be paid all money raised or received by or on behalf of the national government except as provided under Article 206 (1) (a), money that is reasonably excluded from the Fund by an Act of Parliament and payable into another public fund established for a specific purpose such as the Road Maintenance Levy Fund (RMLF). Section 9 and 10 of the Second Schedule of the Public Financial Management Act, 2012 provides that any public fund that was established before the coming into operation of this Act shall continue as a public fund and remain in force under this Act such as the Kenya Roads Board Fund
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(KRBF), Road Maintenance Levy Fund (RMLF) and Mechanical and Transport Fund (MTF). This Policy sets out the revised funding arrangements for road
management in Kenya for both National trunk roads and County roads under the devolved government in line with the provisions of the Constitution.
1.3.2
The Constitution at Chapter Four has recognized and provided for the Bill of Rights of the people of Kenya as an integral part of Kenyas democratic state and is the framework for social, economic and cultural policies. The Bill of Rights seeks to preserve the dignity of individuals and communities and to promote social justice and the realization of the potential of all human beings. The roads sub-sector will play a major role in the realization of the basic human rights guaranteed under the Constitution through enhancement of accessibility to economic and social rights which includes access to education, healthcare services, housing, water, social security and to a clean and healthy environment as well as freedom of movement.
1.3.3
Road transport infrastructure represents a significant portion of the governments total financial investment in fixed assets. The scope of road transport infrastructure comprises the entire road network in Kenya and includes all road facilities upon which road transport operates. Some of the challenges inhibiting the transport sector from performing its facilitative role in respect of national and regional economies include; lack of fully integrated transport system, lack of a transport policy, institutional deficiencies, inadequate human resource capacity and low capacity of local contractors.
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In May 2009, the Integrated National Transport Policy (INTP) was developed to clarify the roles of the various players in the delivery and management of transport infrastructure and services. The INTP seeks to address the challenges in the transport sector through integration of transport infrastructure and operations as well as responding to market needs of transport. Currently the Ministry of Transport as set out in the Presidential Circular No. 1 of 2008 is in charge of; Transport Policy, Kenya Railways Corporation, Kenya Railways Training School, Kenya Ports Authority (KPA), Kenya Airports Authority (KAA), Kenya Ferry Services, Kenya National Shipping Line, National Road Safety Council, Transport Licensing Board, Registration and Insurance of Motor Vehicles, Motor Vehicle Inspection Unit, Kenya Civil Aviation Authority (KCAA), East African School of Aviation, Kenya Maritime Authority, Bandari College and Development and Maintenance of Airstrips. From the above there is need to bring together those scattered road related functions to one actor for cohesive harmonization, coordinated planning and management of the same for effective delivery of services to Kenyans. This Policy therefore seeks to consolidate road transport related mandates and functions under the State Department responsible for roads. Some of the functions that need to be consolidated include national road safety, transport licensing, registration and insurance of motor vehicles, motor vehicle inspection and development and maintenance of airstrips.
Technology, mechanical and transport services, enforcement of axle load control, materials testing and research, standardization of vehicles, plant and equipment and the registration of roads contractors, registration of engineers and protection of road reserves. In line with the provisions of the Constitution, the Cabinet Secretary responsible for roads shall formulate and coordinate policy on road works and road transport-related issues for both the National and County Governments. These include policies on development, expansion and management of national trunk roads and county roads, standardization of construction and maintenance of roads, road safety, axle load control, transport licensing, registration and insurance of motor vehicles, motor vehicle inspection, standardisation of vehicles, plant and equipment, registration of roads contractors, materials testing and usage, training for the infrastructure sector and maintenance of airstrips. This Policy therefore clarifies the role of the Cabinet Secretary and provides for a cohesive and integrated management of roads and road transport.
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Implementation and reviewing/updating of the Road Sector Plan Registration of engineers Registration and regulation of construction industry Capacity building in the sub-sector Road transport research & development function Provision of mechanical & transport services (ii) Kenya Roads Board (KRB) which funds maintenance of all roads including approval of Roads Maintenance Levy Fund (RMLF) funded maintenance work programmes, and carrying out of technical and financial audits of the works. (iii) Roads Department provision of technical and support services to the Roads Authorities. (iv) Kenya National Highways Authority (KeNHA) is responsible for the management, development, rehabilitation and maintenance of national roads classified as classes A, B, and C Roads. (v) Kenya Rural Roads Authority (KeRRA) is responsible for the management, development, rehabilitation and maintenance of rural roads classified as classes D, E, and unclassified rural Roads (first schedule Kenya Roads Act, 2007). (vi) Kenya Urban Roads Authority (KURA) is responsible for
management, development, rehabilitation and maintenance of all public roads in cities and municipalities except where those roads are national roads. (vii) The Kenya Wildlife Service (KWS) is responsible for roads in National Parks and National Reserves as well as access roads allocated to it by the Ministry of Roads. KWS, just like the three Roads Authorities will report to the Ministry of Roads on road development projects while Kenya Roads Board will approve its maintenance works.
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The Government further approved the transformation of the following departments into Semi-Autonomous Government Agencies (SAGAs): (i) Mechanical and Transport Department: responsible for provision on commercial basis of equipment to the road agencies and private sector for development and maintenance of road infrastructure; (ii) Materials Testing and Research Department: responsible for materials testing and research; and (iii) Kenya Institute of Highways and Building Technology (KIHBT): responsible for providing infrastructure training to public and private sector. Other agencies playing a role in the roads sub-sector management include the following among others: (i) (ii) (iii) (iv) The Ministry of Transport (MoT) with overall responsibility for transport policy formulation; The Ministry of Finance (MoF) for financial provision Development partners providing technical and financial support The Transport Licensing Board (TLB): established by the Transport Licensing Act to license public transportation service vehicles (PSV) and assign them routes. (v) (vi) Motor Vehicle Inspection Unit: to determine road worthiness of public service vehicles. The Registrar of Motor Vehicles (RMV): register and license all motor vehicles and drivers. (vii) Traffic Police Department (TPD): to enforce traffic rules and regulations. (viii) The National Construction Authority under the Ministry of Public Works for the regulation of contractors. The current institutional framework is depicted in the figure 1 below.
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ASSISTANT MINISTERS
ROADS DEPARTMENT
SERVICE DEPEARTMENTS
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outsourcing and financial services. However, to exploit the growth potential from these sectors, it is necessary to improve the infrastructure in areas that best support these growth engines, in addition to implementing key reforms in the public sector.
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defined by the functional criteria related to administrative level of centres the roads connect.
Road classification has an important bearing on the future management on roads. (vii) Capacity Challenges: Currently, there are capacity challenges relating to institutions, technical know-how within the sub-sector, and contractors. (viii) Axle Load Control: The mechanism for controlling axle load is weak, leading to damage to the roads. (ix) Road Reserves: Encroachment on road reserves and drainage way leaves interferes with the development and maintenance of roads. (x) (xi) Land acquisition for road construction: The cost of land is too high in comparison with the cost of the road construction. Legal Framework for Private Sector Participation: The legal framework for private sector participation in the roads subsector is inadequate. The provisions in the Kenya Roads Act, 2007 and the (xii) Roads Public-Private Construction Partnerships Plant and Regulations, The 2009 plant are and inadequate. Equipment: equipment currently available for hire by contractors and roads agencies are inadequate, hence delays in road construction and maintenance. (xiii) Volatile Foreign Exchange Market: The shilling has been unstable against major foreign currencies, thus adversely affecting contract prices for ongoing works.
3.1.2
(ii)Availability of Capacity: upon establishment of the Roads Authorities through the enactment of the Kenya Roads Act, 2007, qualified and experience personnel were attracted to the subsector.
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(iii) Role Clarity: the operations of various institutions created through the reform process are defined in various legislation under which they are established. (iv) Goodwill from key stakeholders: due to improved service provision in the sub-sector, the working environment has continued to improve owing to support by stakeholders. (v) Political Stability: the last four (4) years have seen a relatively stable political landscape which has contributed to the good performance in the sub-sector. (vi) Regional integration: The sub-sector has in recent years attracted funding from the development partners to undertake road projects of regional importance to promote trade and regional integration. (vii) Axle load: As a result of harmonised axle load regime in the region, the road infrastructure investments are protected.
participatory process and the need to provide access to basic social services. The Bill of Rights is an integral part of Kenyas democratic state and it is the framework for social, economic and cultural policies, thereby it lays a basis for mainstreaming crosscutting issues on the environment, HIV and AIDS, gender, special interest groups (children and persons with disabilities) in the roads sub-sector. In order to exploit the growth potential from the priority sectors identified in the Kenya Vision 2030, it is necessary to improve road transport infrastructure. This policy intends to put in place mechanisms for road transport management in the sub-sector.
(vi) To enhance connectivity throughout the country consistent with the countrys Vision 2030 (vii) To promote role clarity and accountability for all actors in the road sub-sector
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(viii) To create a conducive environment for increased public-private partnerships and intergovernmental relations; (ix) To enhance road safety and cater for the needs of non-motorized traffic.
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(iii) Roads that serve economic entities such as factories, industries and quarries.
(iv) All other roads within County boundaries that have not been defined as National Trunk Roads.
county institutions; developing guidelines for setting of fees and charges for national trunk roads and county roads. (iv) A body responsible for sourcing and management of construction, operation and maintenance funds for the roads sub-sector except funds from the exchequer to serve both levels of government, to be known as the Roads Fund (RF). (v) County roads will be transferred to the county governments to be constructed, operated and maintained in line with the provisions of the relevant laws on devolved government and the laws governing the urban areas and cities, as well as approved standards as set by the state department responsible for roads. To ensure a smooth process and continued service delivery to the public during transition, alignment to the constitution will be achieved, as far as practicable, through restructuring of the existing roads institutions and redefining their functions in line with the new institutional framework. The proposed institutional framework is depicted in the figure 2 below.
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4.3.1
Underlying Principles
The basic principle underlying the proposed institutional framework should reflect the clear mandate and the autonomy of each entity. The principles underlying the organizational details of each statutory body are as follows: a) Each statutory body should, in general, have an efficient staff establishment that is adequate to fulfill its mandate while being as lean as possible. b) The bodies should have a relatively flat structure in which there are as few organizational layers as possible, while maintaining a robust framework. c) The structure of each body should reflect the functions that it must implement. d) Each body should have adequate experienced staff to prepare and administer works contracts or oversee the preparation and implementation of the same. e) Where applicable, each body shall, while maintaining an efficient establishment, have well qualified and adequate staffing in the areas of engineering, procurement, financial management, legal services, corporate (ICT). f) Where applicable, each regional office shall be self sufficient to an extent possible compatible with efficiency. relations, planning and environment, technical and financial audit and information and communications technology
4.3.2
Key Elements
State Department responsible for Roads a)The State Department shall be under the administration of the Principal Secretary who shall report to the Cabinet secretary.
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b) The State Department shall be managed by well qualified and adequate staffing from relevant disciplines. c) It is recommended that the services provided by the State Department shall also be accessible at the counties. Kenya National Trunk Roads Authority d)The Kenya National Trunk Roads Authority (KENTRA) shall be governed by a board of directors. e)KENTRA shall be managed by well qualified and adequate staffing in the areas of highway engineering, electrical engineering, land surveying, planning transport and economics, technical procurement, and financial finance audit & and administration, human resource, legal services, corporate relations, environment, information & communications technology (ICT). f) It is recommended that the structure of KENTRA shall have a headquarter office and presence in the forty seven (47) counties specified in the First Schedule to the Constitution, responsible for the national trunk roads network traversing the county.
Roads Fund
a) The Roads Fund Board (RF) shall be governed by a board of directors. b) There shall be established a RF headquarter office, which will have well qualified and adequate staffing in the areas of highway engineering, transport economics, procurement, finance (including business development), administration, human resource, legal services, corporate relations, planning, technical and financial audit and information and communications technology (ICT). c) It is recommended that the services provided by the Board shall also be accessible at the counties.
4.3.3
Specific Functions
(i) State Department responsible for Roads The Following bodies Will be domiciled under the State Department and will have the following functions;a) Oversight and coordination of the Statutory bodies b) Capacity building and Technical assistance to Counties. c) Acquisition of land for roads expansion and drainage way leaves in liaison with the National Land Commission
Roads:a) Roads Policy formulation and coordination b) Setting standards and maintenance of roads c) Registration of Contractors d) Asset management e) Collection, analysis and forecasting of road traffic data for national trunk and county roads. f) Master planning for road sub-sector management
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specifications
for
construction
and
g) Axle load control Oversight Engineers Registration Board a) Registration of Engineers Materials Testing and Research a) Materials testing and research in road transportation, b) Foundations and Geotechnical investigations for bridge/culvert/building sites, road construction materials sources and slope stability Mechanical and Transport a) Provision of equipment for road construction, road maintenance and other infrastructural works. b) Set and enforce standards and specifications for registration of vehicles, plant and equipment c) Set and enforcing of standards for maintenance and repair of Government vehicles plant and equipment d) Motor vehicle inspection for road worthiness and conformity to manufactures specifications, environmental standards and promotion of energy efficiency. e) Testing of drivers/motorcyclists for purposes of licensing. Kenya Institute of Highways and Building Technology a) Training and certification accreditation and courses of road transportation-related
b) Training of professionals, technicians, craftsmen and artisans in the roads and building sub-sectors c) skill upgrading for professionals in the fields of roads and building sub-sectors d) Training of local and international contractors on technologies of road construction and maintenance. e) Training of motor vehicles and plant operators. f) Capacity building within the road subsector (ii) Kenya National Trunk Roads Authority
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The Kenya National Trunk Roads Authority will be a body corporate with the following functions: a) b) c) d) e) Design, Construction and management of national trunk roads Maintenance, rehabilitation of national trunk roads Axle load control on national trunk roads Road traffic management on the National Trunk Roads. Promote participation of the private sector in the financing and management of national trunk roads. (iii) Roads Regulatory Authority
The Roads Regulatory Authority will be a body corporate with the following functions: a) Enforcement of the standards for construction and maintenance for national trunk roads and county roads. b) Overseeing the implementation of policies and strategies relating to provision of national trunk roads and county roads. c) Developing guidelines on service provision agreements between national and county institutions. d) Developing guidelines for setting of fees and charges for national trunk roads and county roads. (iv) Roads Fund
The Roads Fund will be a body corporate with the following functions: a) Management of road maintenance funds. b) To identify and source for alternative financing for the development and maintenance of roads. c) Coordinating and compilation of road work plans for national and county governments and coming up with a national roads work plan. d) Undertake technical and financial audit of road works.
4.3.4
The
boards
appointment and not more than two thirds of either gender pursuant to
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the Constitution. The size of the boards will range between seven (7) and nine (9) members including a non-executive chairperson. The appointment of members will be done by the Cabinet Secretary responsible for the state department in charge of roads. To ensure that there is cooperation and liaison between National and County Governments for the purpose of exchanging information, coordinating policies and administration as provided in Article 189 (1)(c) of the Constitution, the boards will have representation from an association of County Governments.
The proposed legal framework will, among others, provide for: a) The overall mandate and functions of the State Department in charge of roads. b) The institutional framework including establishment of statutory authorities under the roads sub-sector, their mandates, powers and functions, governance and performance management, interrelation with the County Governments as well as the transition arrangements. c) The definition of national trunk roads and county roads as categorized in the Constitution as well as the classification of roads in line with this definition.
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d) All national trunk roads and county roads shall be gazetted and the state department responsible for roads shall retain the powers of classification.
revenues; (ii) Local government revenues; (iii) The Road Maintenance Levy Fund (RMLF); (iv) Mechanical and Transport Fund (MTF) (v) Transit tolls; (vi) Agricultural Cess; and (vii) The Development Partners The funds currently allocated for road maintenance and development are inadequate to cater for the road network needs and there is need to identify additional sources of financing. The justification for additional funds for roads development and maintenance includes enhancement of the mobility of both people and goods, improvement of the living standards of the populace, agriculture, manufacturing, tourism, facilitation of the provision of other social amenities such as schools,
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health,
management of traffic
in
connectivity and reduction of road carnage. For the successful implementation and sustenance of both development and maintenance programmes in the roads sub-sector, there is need for funding of the same to be prudently allocated and professionally managed. In a bid to plan future road investments, the Ministry of Roads has developed a Road Sub-Sector Investment Programme (RSIP) 2010 2024 which outlines the strategies, programmes and projects for the development of Kenyas road infrastructure in the short, medium and long term. The state department responsible for roads shall implement and periodically update the RSIP for national trunk roads and county roads to ensure prioritization for existing and future road network. Under the Constitution, roads development, management and
maintenance in national and county governments shall be financed through the following: (i) Consolidated Fund
(ii) Equalisation Fund (iii) Revenue Fund (a County Fund) (iv) Road Maintenance Levy Fund (v) Mechanical and Transport Fund (vi) Concessioning-Public Private Partnerships (PPPs), Build Operate and Transfer (BOTs), Private Finance Initiatives (PFIs) (vii) Development Partners (viii) Any other fund(s) established under an Act of Parliament The National Treasury shall administer the Consolidated Fund as well as the Equalisation Fund while the Revenue Fund shall be administered by the respective County Governments. The Commission of Revenue established under the Constitution shall make Allocation
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recommendations concerning the basis for the equitable sharing of revenue raised by the national government. Allocation of all funds for roads shall be in line with the RSIP for both national and county roads. The State Department responsible for roads through one of its Statutory Agencies, shall identify additional sources of financing such as infrastructure bonds, Public-Private Partnerships (PPPs), Build Operate and Transfer (BOTs), Private Finance Initiatives (PFIs), Road Tolling, Weight Distance Charges, Roads and Vehicle Licenses, Traffic Fines, MTF and upward revision of RMLF.
4.6.2
In order to achieve the Vision 2030 on infrastructure, it shall be important to deploy and employ cost-effective world class infrastructure facilities and services in support of socio-economic development. For Kenya to achieve a middle income economy status it has to invest in its road network that conforms to article 70 of the Constitutional on environmental issues and article 43 on Economic and Social Rights among others, taking the following actions:by
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(i) To upgrade road links in order to reduce traffic congestion and improve accessibility and mobility to cope with the increasing road traffic; (ii)To construct to paved standards all economically and socially viable national trunk roads and county roads; (iii) To construct to paved standards all economically viable major urban arterial roads (iv) To construct to paved standards all roads connecting county administrative centres in order to enhance internal trade (v) To expand the road network by construction of new roads (vi) In support of the Millennium Development Goals (MDGs), to work towards eventually providing all weather road access within 2km.
4.6.3
Road Maintenance
In order to preserve the road asset, adequate maintenance works shall be undertaken to minimize long-term life-cycle costs and shall be prioritized in the following manner:(i) Routine Maintenance will be applied in order to keep the road network in a motorable condition; (ii) Periodic Maintenance shall be timely so as to avoid future expensive interventions of construction and rehabilitation; (iii) Road Asset Restoration shall ensure that roads in very poor condition are reinstated in the short term.
4.6.4
According to the National Integrated Transport Policy 2009, the bulk of the countrys land freight and passenger traffic are conveyed through the road network. Having an adequately developed and well maintained roads network improves road transport, reduces operating costs (business, fuel and spare parts), supports growth in other sectors such as tourism,
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agriculture and industrial sector with consequent increase in employment and income opportunities, road safety, and improves socio-economic well being in a county/nation by stimulating overall economic growth in both domestic and international trade and facilitating easy flow and access to manufactured goods.
motorization
and
other transport
activities, it is necessary to ensure that the transport system is environmentally friendly. It is suggested that the National Environment Management Authority sets up the standards for noise, gaseous and oil spills for the Roads regulatory Authority to enforce it.
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communications as well as provision of adequate energy. Vision 2030 identifies six priority sectors that have the highest potential for economic growth. These and sectors retail are: trade, tourism, business agriculture, processing manufacturing, wholesale
outsourcing and financial services. However, to exploit the growth potential from these sectors, it is necessary to improve the infrastructure in areas that best support these growth engines, in addition to implementing key reforms in the public sector. The Constitution, through the Bill of Rights, has enshrined rights of every Kenyan to freedom of movement, accessibility to housing and the right of consumers to goods and services of reasonable quality among others.
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The main priority focus is therefore to bring the existing road network to maintainable condition. In addition it is necessary to develop new road infrastructure through road upgrading, road widening, junction improvement, new construction and provision of non-motorised transport facilities to attain a high quality road network for effective service delivery.
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Capacity building is a vital component of the efforts of intergovernmental technical organizations to support the development goals of the sector. For effective implementation of this policy, there will be need to enhance capacity by introduction of relevant curricula. agency and made available at the county level. The development and maintenance funds for roads are not adequate, leaving a substantial part of the network unattended. To alleviate this there is need to harness the RMLF and all such other monies set aside for roads sub-sector through one agency that would be charged in allocating the same to the national and the county governments. Formulation of roads sub-sector policies is a function of the national government which shall be under the State Department. Enforcement of standards shall be under the regulatory agency which will be a shared function between the national and county governments. This will ensure that roads developed realise the rights of Kenyans enshrined under the Constitution for clean environment, safety, catering for the marginalised and sustainable for future generations. In addition plant and equipment for road construction will be managed from a centralised
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entities
shall
use
their
autonomy
in
areas
of
employment
and
administration aimed at increasing efficiency and effectiveness through implementation of results-based management approaches. The transition issues/matters in the roads sub-sector shall be based or guided by the provisions of the constitution, devolved government Acts/Bills, guidelines by the Transition Authority and any other set of rules, guidelines and provisions of any other laws that governs the interrelationships between national and county government. This should include matters/issues relating to:i. ii. iii. Rationalization of staff Vesting of assets and related liabilities. On-going projects and related both human and capital resources It is however noted that the human resource capacity, particularly in field of engineering, is currently inadequate to fully meet the requirements of the devolved system of government. To address this, the Kenya National Trunk Roads Authority shall offer technical support to the counties. In addition, the State Department shall be responsible for capacity building to both the National and County governments through training and hiring out of construction equipment. Assets and Liabilities Powers, functions and Liabilities of the statutory institutions under the MoR shall be transferred in accordance with the Transition to Devolved Government Act, 2012.
Maintenance Planning of maintenance works will be systematic and in accordance with the Road Sector Investment Programme (RSIP) for the period 2010 to 2024 published in May 2011. Priority will also be given to preservation of the existing road infrastructure investments and elimination of maintenance backlog. Funding Mobilization of funds is critical in realization of the spirit of the Constitution. In this respect, alternative sources of funds will be explored. Management of fund will ensure efficiency, transparency and accountability in their application. Intergovernmental Relations and Harmony It is envisaged that the devolved governments will enhance service delivery, consultative and participatory approaches to planning and implementation of road works. Economic and Social Support for County Services In line with the spirit of the Constitution, devolved resources will ensure empowerment to the people at the grassroots.
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Glossary Region: Region means the Eastern Africa region to capture the network connectivity Table 6.3 Summary of National Trunk Roads (Classes S, A, B and C) ROAD CLASS DESCRIPTION TOTAL LENGTH UNDER OLD CLASSIFICATION (Km) 0 3,588 2,645 7,857 4,583 TOTAL LENGTH UNDER PROPOSED CLASSIFICATION (Km) 0 5,313 2,477 10,7861 8,035 26,581 ROADS IN RURAL AREAS TOTAL LENGTH Road Class Description length 178 NATIONAL TRUNK ROADS (See Table 6.2 above) InterD Divisional 10,9212 Inter25,230 E Location Inter-Sub9,654 F location Intra-Sub75,359 G location 121,164 436 2,277 12,814 25434 10305 82,861 134,305
S A B C Various (D to P)
Total 18,673 Table 6.4 Summary of County Roads ROADS IN URBAN AREAS Functional Road Length Class Class Description Major 178 H Arterial ARTERIAL Minor J Arterial 436 Major 2,277 K Collector COLLECTOR Minor L Collector 1,893 Major 204 M Local Minor LOCAL 651 N Local Local 7,502 P Access 13,141 Total
1 2
Superhighway International Trunk National Trunk Primary Roads in National Parks and Game reserves
Total includes an estimated 2,000km for all major inter-county roads to be upgraded to Class C Excludes estimated 2,000km inter county roads to be upgraded to Class C.
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