Kenya Roads (Amendment) (No. 3) Bill, 2025
Status Timeline
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Executive
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Final
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New Public Road Classification System
Reclassifies all public roads in Kenya into National Trunk Roads and County Roads. National roads are subdivided into primary trunk highways (Classes As, A, and B), urban roads (Classes Au, Bu, and Cu), and rural roads (Class C secondary roads, Special Purpose, Security, and Last Mile City roads). County roads are divided into Classes D (inter-ward), E (village access), Du (urban business streets), and Eu (local residential streets).
Levy Reapportionment and 5% County Allocation
Amends Section 6(2) of the Kenya Roads Board Act, Cap. 408A to alter the apportionment of the Road Maintenance Levy. It introduces a new 5% allocation to county governments and a 1.5% allocation to the department responsible for road-related constitutional functions. Funding for national highways is reduced from 40% to 38%, link roads from 10% to 7%, and urban roads from 15% to 14%, while the Constituency Roads Fund increases from 22% to 25%.
KSh 1 Million Fine for Personal Branding on Signs
Requires all public roads to display signage showing road classification, the level of government responsible for maintenance, and the road code. It strictly prohibits individuals from placing their name, image, or likeness on these signs. Violation of this provision is an offence carrying a fine of up to KSh 1 million, imprisonment for up to two years, or both.
Strict Audit Conditions for County Funding
Prohibits the Kenya Roads Board from disbursing the new levy funds to any county government unless that county designates a dedicated road works department and opens a special account at the Central Bank of Kenya. Counties must also comply with national road standards and submit an annual road programme to the Board at least six months before the start of the financial year.
Bill No.
No. 34 of 2025
Gazette No.
—
Sponsor
Senate Majority Leader
Background
The Kenya Roads (Amendment) (No. 3) Bill, 2025 is designed to align road infrastructure governance with the provisions of the Constitution of Kenya regarding devolved governance. By clearly dividing road classifications and financial allocations, the Bill seeks to formally recognize county-level responsibilities and establish direct financial mechanisms to support local road development.
Key Amendments
Kenya Roads Act, Cap. 408
The Bill reclassifies all public roads in Kenya into two major categories:
- National Trunk Roads: Managed at the national level and further classified into highways (Classes As, A, B), major and minor urban arterials (Classes Au, Bu, Cu), and rural roads (Class C secondary roads, Special Purpose roads, Security roads, and Last Mile City roads).
- County Roads: Managed by county governments, consisting of inter-ward roads (Class D), village access roads (Class E), urban business streets (Class Du), and local residential streets (Class Eu).
Kenya Roads Board Act, Cap. 408A
Section 6(2) is amended to restructure the distribution of the Road Maintenance Levy:
- Constituency Roads Fund: Increased from 22% to 25%.
- National Roads (administered by KeNHA): Decreased from 40% to 38%.
- Urban Roads: Decreased from 15% to 14%.
- Link Roads between Constituencies: Decreased from 10% to 7%.
- National Parks Roads: Remains at 1%.
- Board Recurrent Expenditure: Up to 1.5% (previously capped at 2%).
- Road-Related Constitutional Functions Department: New allocation of 1.5%.
- County Governments: New allocation of 5%.
New Obligations
County Governments
County governments are now legally responsible for the planning, development, rehabilitation, and maintenance of all designated county roads. Their duties include managing road reserves, enforcing axle load regulations under the Traffic Act, implementing national policies, and overseeing local traffic management and road safety. County executive committee members for roads are charged with direct oversight of these obligations.
Funding Access Requirements
To access the 5% levy allocation, county governments must:
- Designate a dedicated department for road works.
- Open a special account at the Central Bank of Kenya to receive the funds.
- Comply with national road standards.
- Submit a standardized annual road programme to the Kenya Roads Board at least six months prior to the beginning of each financial year.
Signage Mandates
Public roads must feature signage detailing their classification, road code, and the specific level of government responsible for maintaining them. The Cabinet Secretary responsible for roads will prescribe the dimensions and technical requirements for these signs.
Penalties
Signage Personalisation Offence
Any individual who places their own name, image, or likeness on public road signage commits an offence and is liable upon conviction to:
- A fine not exceeding one million shillings (KSh 1,000,000);
- Imprisonment for a term of up to two years; or
- Both.
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