The Kenya Roads (Amendment) Bill, 2024

Background

The Kenya Roads (Amendment) Bill, 2024 seeks to amend the Kenya Roads Act (Cap. 408) to address the needs of pedestrians, cyclists, and other users of non-motorized transport (NMT). Historically, road design in Kenya has heavily prioritized motorized traffic, leaving non-motorized users vulnerable. This Bill aims to formalize and mandate the integration of safe, physically separated non-motorized transport infrastructure into Kenya's road network planning, design, and construction.

Key Amendments

Section 2: New Definitions

Introduces essential definitions into the principal Act:

• "cycling lane": On-road lanes reserved exclusively for bicycles and wheelchairs, with clear markings separating them from motorized traffic lanes.
• "cycling track": Parts of the road reserved exclusively for bicycles and wheelchairs that are physically separated from motorized tracks.
• "non-motorized transport": All forms of travel not relying on an engine or motor, including walking, cycling, and mobility assistance devices.
• "pedestrian walkway": Road spaces exclusively reserved and physically separated for pedestrian use.

Sections 4, 7, and 10: Agency Obligations

Amends the core mandates of national road authorities—the Kenya National Highways Authority (KeNHA), Kenya Rural Roads Authority (KeRRA), and Kenya Urban Roads Authority (KURA)—compelling them to design and construct designated tracks for non-motorized transport for both existing and new roads under their control.

Section 11A: County Government Integration

Inserts a new section explicitly charging county governments with the role of designing and constructing non-motorized transport tracks (cycling lanes and pedestrian walkways) on roads falling under county administration.

Section 22: Cooperation Mandate

Requires national road authorities to co-operate with county governments that hold jurisdiction over non-motorized transport infrastructure on designated roads.

New Obligations

Cabinet Secretary Regulations (Section 46A)

Empowers the Cabinet Secretary responsible for roads to make regulations concerning non-motorized lanes, specifically covering:

• Use, safety, and maintenance of non-motorized transport lanes.
• Uniformity of design and standards.
• Identification of specific roads where these lanes must be constructed.
• Level and width specifications of the lanes.

Enforcement (Section 50)

Imposes a statutory duty on the traffic police to enforce compliance. Officers must ensure:

• Strict use of designated lanes by pedestrians and cyclists.
• General safety of non-motorized transport users.

Transitional Provisions

To manage the cost and technical transition of modifying existing networks, the Bill includes a transitional clause stating that these amendments shall officially take effect fifteen years after enactment to cater for already existing road infrastructure.