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{
    "id": 663422,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/663422/?format=api",
    "text_counter": 98,
    "type": "speech",
    "speaker_name": "Hon. (Eng.) Mahamud",
    "speaker_title": "",
    "speaker": {
        "id": 373,
        "legal_name": "Mohammed Maalim Mahamud",
        "slug": "mohammed-mahamud"
    },
    "content": "without proper legislation. It is important that this Parliament enacts this Bill quickly, so that we operate within the law. The Bill addresses critical issues in the management of the road sub-sector. The Bill provides a clear criterion on the classification of roads. It defines a national and county road. It is worth noting that the current system of roads classification was established about 35 years ago. In fact, the Bill proposes to reclassify the roads. The Fourth Schedule of the Constitution highlights the mandate of each level of government in as far as road construction and management is concerned. The national Government is mandated with the construction and operation of national trunk roads. It is also mandated to set standards for the construction and maintenance of other roads by the county governments. The standards which are proposed in this Bill are for the national Government. Clear distinction is given on what national trunk roads and county roads are, hence the classification. On the other hand, county governments are mandated to construct and maintain county roads. What are county roads? This Bill seeks to breathe life into these provisions of the Constitution. The Bill has defined the classes of roads that will fall within the purview of the national and county governments. The national Government shall be responsible for the construction of a new class of roads called “S”, which is a superhighway between cities and classes “A”, “B”, “H”, “J”, “C” and “D”. The county governments, on the other hand, have a huge mandate for the construction and maintenance of roads under classes “E”, “F”, “G”, “K”, “L”, “M” and “N”. These are properly defined although we have an amendment in terms of what the national and county governments will manage. That will come at the Committee of the whole House stage. That is what the Bill proposes. It introduces new classifications and gives the roads are going to fall under the two levels of government. Part IV of the Bill establishes two key agencies that will be charged with the construction and development of national roads in this country. The two agencies are KeNHA, which will be responsible for the development and maintenance of roads under classes “S”, “A”, “B”, “H” and “J” and KeNSRA, which is the present KeRRA. The KeRRA shall be responsible for the development of roads under classes “C” and “D”, but there could be some changes at the Committee stage. There are proposals that only Class “C” roads will be under KeNSRA because they are so many. Members will note that KURA has been collapsed and its functions will be performed by KeNHA. Roads under classes “H” and “J”, which are urban roads and would ordinarily be managed by KURA, will be under KeNHA in the proposed Bill. There is a lot of agitation by stakeholders that we should as well retain KURA, but the merits and demerits of that proposal will come at the Committee stage. In general terms, the Bill provides for the classification of roads network in the country as well as modalities for development and management of roads by the two levels of government. In terms of financial matters, what is of interest to this House is how we manage our Road Maintenance Fuel Levy Fund. In the current law, 40 per cent of the Road Maintenance Fuel Levy Fund goes to KeNHA, 15 per cent to KURA, 32 per cent to KeRRA, 3 per cent to the Kenya Roads Board (KRB) for their operational matters and 1 per cent to the Kenya Wildlife Service (KWS). The funds that were originally meant for KURA are now earmarked for county governments. We will look at the proposal in the Bill because there are a few amendments meant to adjust that figure. We have also increased the levy from Kshs9 per litre to Kshs18 per litre. So, there will be a lot of money for maintenance of roads. Members of Parliament will see what The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}