LAWS OF KENYA
PUBLIC ROADS AND ROADS OF ACCESS ACT
CHAPTER 399
Revised Edition 2010 [1972] Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org
[Rev. 2012] CAP. 399 Public Roads and Roads of Access
CHAPTER 399
PUBLIC ROADS AND ROADS OF ACCESS ACT
ARRANGEMENT OF SECTIONS
Section 1. Short title. 2. Interpretation. 3. Appointment of boards. 4. Meetings of boards. 5. Chairman of board. 6. Minutes. 7. Employment of public officers. 8. Dedication of line of public travel. 9. Application to construct road of access. 10. Notice to be served on landowners affected. 11. Granting of leave to construct road of access. 12. Notification of order to be registered. 13. Right of way over road of access. 14. Power to cancel or alter road of access. 15. Prohibition of classes of traffic. 16. Appeals. 17. Rules. 18. Penalties. 19. Cognizance of offences. SCHEDULES
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CHAPTER 399
PUBLIC ROADS AND ROADS OF ACCESS ACT [Date of commencement: 10th August, 1920.] An Act of Parliament to provide roads of public travel and access to public roads [Cap. 229(1948), Act No. 3 of 1951, Act No. 19 of 1954, Act No. 51 of 1958, Act No. 27 of 1959, Act No. 25 of 1963, L.N. 256/1963, L.N. 2/1964, L.N. 374/1964, L.N. 35/1970.]
1. Short title This Act may be cited as the Public Roads and Roads of Access Act. [Act No. 3 of 1951.]
2. Interpretation In this Act, except where the context otherwise requires— “board” means a district road board appointed under section 3 of this Act; “public road” means— (a) any road which the public had a right to use immediately before the commencement of this Act; (b) all proclaimed or reserved roads and thoroughfares being or existing on any land sold or leased or otherwise held under the East Africa Land Regulations, 1897, the Crown Lands Act , 1902, or the Government Lands Act (Cap. 280), at any time before the commencement of this Act; (c) all roads and thoroughfares hereafter reserved for public use; “Registrar of Titles” means the appropriate registrar under any Act relating to the registration of title to land. [Act No. 3 of 1951, s. 3 and 12, Act No. 19 of 1954, s. 2, Act No. 27 of 1959, Sch., Act No. 25 of 1963, Sch., L.N.256/1963, L.N.374/1964, L.N.35/1970.]
3. Appointment of boards (1) The Minister may by order in the Gazette divide Kenya into districts for the purposes of this Act. (2) *The Minister may appoint district road boards, consisting of not less than five members in any district, for the purpose of carrying out the provisions of this Act, and where in the opinion of the Minister such a course is practicable such members shall be elected in the prescribed manner. (3) The board shall elect one of such members to be chairman, and the names of all members appointed to boards shall be forthwith notified in the Gazette, and any number of the Gazette containing a notification shall be sufficient evidence thereof for all purposes.
* Power of the Minister under this subsection to appoint district road boards is delegated, as respects Mombasa District, to the Provincial Commissioner, Coast Province, by G.N.580/1952.
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(4) A board may at any time appoint for a period not exceeding six months any person other than an existing member thereof to act in place of any member of the board who is absent from Kenya or incapacitated by illness or other temporary cause from discharging his duties as such member; and such acting member shall discharge the duties of the member who is so absent or incapacitated until the return to Kenya or removal of the incapacity of such member or the expiry of the period of appointment of such acting member, whichever first happens. (5) Except as provided in subsection (4) of this section, if any member without the consent of the chairman fails to attend three consecutive meetings of any board, he shall thereupon cease to be a member of such board. (6) Each member of a board shall, unless removed as provided in this Act, be entitled to hold office for the term for which he has been or is appointed, but such term shall not exceed two years; any member of a board may from time to time be reappointed for a further term not exceeding two years. [Act No. 3 of 1951, s. 4 and 12, L.N.256/1963, L.N.35/1970.]
4. Meetings of boards (1) Boards shall meet at such times and places from time to time as necessity may require, or at such times and places as the Minister may direct. (2) Save as otherwise expressly provided in this Act, the powers, duties and authorities of boards may at any time be exercised by a quorum thereof consisting of not less than three members thereof, and during a vacancy in a board not exceeding three months the continuing members may (subject to there being a quorum) act as if there were no vacancy: Provided that if any member of the board is personally interested in any matter before the board he shall not take any part in any proceedings relating to such matter, and the other members may co-opt such temporary member or members as may be necessary to form a quorum. [Act No. 3 of 1951, s. 5 and 12.]
5. Chairman of board (1) At any meeting of a board, the chairman if present shall preside, and in his absence the board shall elect a chairman. (2) The chairman presiding at any meeting shall in the event of an equal division of votes at the meeting have a second or casting vote. [Act No. 3 of 1951, s. 12.]
6. Minutes Boards shall cause correct minutes of all meetings to be kept, and a copy thereof shall be submitted forthwith to the Minister. [Act No. 3 of 1951, s. 6 and 12.]
7. Employment of public officers For the purposes of carrying out the powers, duties, authorities and obligations conferred or imposed upon boards by this or any other Act, boards,
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with the approval of the head of the department concerned, may make use of the services of any officers and employees of the public service. [Act No. 3 of 1951, s. 12.]
8. Dedication of line of public travel (1) Whenever it is made to appear to the Minister that requirements exist for the establishment, alteration or cancellation of a line of public travel or for the conversion of a road of access into a line of public travel, the Minister may, by order published in the Gazette, dedicate, alter or cancel such line of public travel or convert such road of access into a line of public travel. (2) In every order made under this section, the line of public travel to be established, altered or cancelled or the road of access to be converted into a line of public travel shall be clearly described. (3) Where an order under this section dedicates a line of public travel or converts a road of access into a line of public travel, such line of public travel shall be absolutely dedicated to the public as a public road within the meaning of any law now or hereafter in force relating to public roads. (4) Before making and publishing any order under this section dedicating a line of public travel or converting a road of access into a line of public travel, the Minister may, where there is a board, call upon such board to investigate and report upon the necessity for, or desirability of, any such line of public travel and to advise as to the best alignment of such a line of public travel. [Act No. 3 of 1951, s. 7.]
9. Application to construct road of access (1) Where any owner or occupier of land is in respect of his land so situated in relation to a public road which is passable to vehicular traffic, or to a railway station or halt, that he has not reasonable access to the same, he may make application to the board of the district in which such land is situate for leave to construct a road or roads (hereinafter called a road of access) over any lands lying between his land and such public road or railway station or halt, and every such application shall be made in duplicate in the form and contain the particulars required by the First Schedule to this Act: Provided that, if the applicant is unable to make the sketch plan mentioned in the said Schedule without entering upon the lands over which he proposes that the road of access is to pass, he may apply to the board for leave to enter upon the said lands for the purpose of making the said sketch plan and the board may then make an order entitling the applicant to enter on the said lands. (2) Any owner or occupier of lands who has constructed a road in circumstances which did not require the making of an application under subsection (1) of this section may make application to the board of the district in which the road is situated for a declaration that the road is a road of access, and for the registration of the road of access as though an order had been made under section 11 of this Act. (3) Every such application shall be accompanied by such fees as the Minister may prescribe, and the board shall not be obliged to proceed upon any such application except upon payment of such fees. [Act No. 3 of 1951, s. 12, Act No. 19 of 1954, s. 3. L.N.256/1963.]
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10. Notice to be served on landowners affected
(1) On the receipt of such application for leave to construct a road of access, the board shall serve a notice by personal service or by registered post to the last known address of the owner or occupier of land over which the proposed road of access is to pass, calling upon him to show cause within one month why the proposed road of access should not be granted.
(2) Where a board has received more than one application for leave to construct a road of access, and the board is of opinion that any common question of law or fact will arise upon the consideration or hearing of such applications, it may order that such applications shall be joined; and where there is such joinder a decision or order may be made against or in favour of such one or more of such applicants as the board may think fit.
(3) The board shall apply to the highway authority responsible for the public road to which any proposed road of access will be joined for consent to the proposed access to the public road, and the highway authority may refuse such consent if it considers that the proposed access would constitute a danger to traffic or that there is a reasonable alternative means of access, or may require access to the public road to be given at some different point or in some alternative manner. [Act No. 3 of 1951, ss.. 8 and 12, L.N.256/1963.]
11. Granting of leave to construct road of access
(1) The board shall then fix a day for the hearing of the application to construct a road of access, and after hearing the applicant or his representative and any other party who might be affected thereby may make an order in writing in the form in the Second Schedule to this Act, granting the applicant, his servants and his agents leave to enter upon the said land and construct such road of access and of such width as the district board may decide upon, subject to such conditions and to payment of such compensation in respect of any growing crops or permanent improvements damaged or destroyed by the construction of such road of access as to the board seems fit.
(2) The board shall have power to determine by whom the costs of any application under this Act shall be borne, and to fix the amount thereof.
(3) The board shall have power to direct that the costs of any person making objection to a proposed road of access shall be borne by such person if his objection is not allowed by the board. [Act No. 3 of 1951, s. 12, L.N.256/1963.]
12. Notification of order to be registered
(1) Where a board makes an order under section 11 of this Act, it shall forthwith forward a notification of the making thereof in the prescribed form to the Registrar of Titles, together with the prescribed fees.
(2) Upon receipt of any such notification, together with the prescribed fees, the Registrar of Titles shall cause such notification to be registered against the title or each of the titles to the land appearing to be affected by the order.
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(3) Every board shall maintain a register of all orders made by the board under section 11, and of all cancellations and alterations effected under section 14, of this Act; every such register shall contain a copy of all such orders, together with a copy of any plan referred to therein, and, where any such order is the subject of an appeal under section 16 of this Act, the board shall cause an appropriate entry of the result of the appeal to be made in the register. (4) The register may be inspected by any person upon payment of such fee as may be fixed by the board with the consent of the Minister, and any person inspecting the register shall be entitled to make copies of or extracts from the register, including any plan showing the alignment of the road of access. (5) Where the board, under section 14 of this Act, cancels or varies the alignment of any road of access, it shall forthwith forward a notification of such cancellation or variation in the prescribed form to the Registrar of Titles, who shall cause the same to be registered in manner provided by subsection (2) of this section. (6) Upon an appeal being determined under section 16 of this Act, the court making such determination shall cause a notification thereof to be forwarded to the Registrar of Titles, and thereupon the provisions of subsection (5) of this section shall apply to the registration of such notification as those provisions apply to the registration of a notification of the cancellation or variation of the alignment of a road of access. (7) The board may, by resolution, extend the foregoing provisions of this section to orders made before the 18th June, 1954, and where any such resolution is passed the said provisions shall apply to such orders as aforesaid accordingly: Provided that no fees or other charges shall be payable to the board or to the Registrar of Titles in respect of such orders. (8) Where the board, in pursuance of section 9(2) of this Act, declares that a road is a road of access or grants an application under section 13(8) of this Act, it shall forthwith forward a notification thereof in such form as the Minister may prescribe to the Registrar of Titles, who shall cause it to be registered in manner provided by subsection (2) of this section. [Act No. 19 of 1954, s. 4 and 5, L.N.256/1963.]
*13. Right of way over road of access (1) When the said road of access has been granted and constructed, the applicant (which term for the purposes of this section includes his successor in title) shall have leave at all times to use the said road of access. (2) Save for the purposes of section 9 of this Act, the said road of access shall not be deemed to be a public road, but the applicant shall at his own cost erect, at the point where the road of access joins a public road, a notice board, of a design approved by the board, bearing the words “private road” legibly painted or inscribed thereon, and shall maintain the same efficiently to the satisfaction of the board.
* For the history of this section see Cap. 229(1948) at page 2932 et seq
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(3) Should the said road of access pass through an existing fenced enclosure, or an enclosure which at the time of granting the road of access was not fenced but which subsequently becomes fenced, the board in its discretion may require the applicant to provide, erect and maintain to its satisfaction a fence or fences of approved design, and shall apportion the cost of such fencing and its maintenance between the parties interested as it shall deem fit. (4) If the said road of access passes through any wall, fence or barrier existing at the date of application, the board may require the applicant to provide, erect and maintain to its satisfaction a gate of approved design where the road passes through the wall, fence or barrier. (5) The applicant shall at all times maintain the said road of access, and all works ancillary thereto, in a good and efficient state of repair to the satisfaction of the board, and, for the purpose of such maintenance, the applicant, his servants or his agents shall have leave to enter at all times upon the said road of access: Provided that as little damage or inconvenience as possible shall be caused by such entry to the owner or occupier of the land over which the said road of access passes, and that such right of entry shall be subject to such conditions as the board may impose in granting the order for constructing the said road of access. (6) If the applicant fails or neglects to carry out the requirements of the board under subsections (2), (3), (4) and (5) of this section, the board may carry out the necessary work and recover the cost from the applicant in a court. (7) The owner or occupier of any land through which the road of access passes shall have the right to use the road of access at all times: Provided that the board may at its sole discretion require such owner or occupier to pay to the applicant a proportionate share of the cost of the maintenance of the road. (8) If the owner or occupier of land, other than an owner or occupier through which the road of access passes, desires to use the road of access, he may apply to the board for authority to use it, and the board may grant such application on such terms and conditions as it may see fit, or may refuse the application. (9) An owner or occupier of land who makes an application under subsection (8) of this section shall serve a copy of his application by personal service or by post on the person to whom the road of access has been granted and on the owners or occupiers of the land through which the road of access passes. [Act No. 3 of 1951, s. 12, Act No. 51 of 1958, s. 23, L.N.256/1963.]
14. Power to cancel or alter road of access (1) It shall be competent for a board for sufficient cause to order the cancellation or alteration of the alignment of a road of access, provided due notice has been previously given to any person who might be affected by such order. (2) The board shall have power to make an order for giving effect to any matter or thing over which the board has jurisdiction under this Act, or for the cancellation or alteration of any order previously made: Provided that the provisions of this Act respecting the procedure to be followed and the notices to be given as respects an application to construct a
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road of access shall apply mutatis mutandis to the cancellation or alteration of any order previously made, and to any other order made under this Act. [Act No. 3 of 1951, s. 12, L.N.256/1963.]
15. Prohibition of classes of traffic If it appears to the board that the prohibition of any particular class of traffic on a road of access is desirable in the interests of the persons entitled to use the road, the board may, by notice published in the prescribed manner, restrict the use of the road to a particular class or classes of traffic only. [Act No. 3 of 1951, s. 12, L.N.256/1963.]
16. Appeals (1) An appeal shall lie to a subordinate court of the first class by— (a) (Spent); (b) any person aggrieved by the making of, or the refusal to make, an order by a board under any of the provisions of this Act. (2) (a) Such court shall summon to its assistance two competent assessors, but it shall not be bound to conform to the opinions of such assessors: Provided that where the court does not conform to the opinions of the assessors it shall record its reasons for not conforming thereto. (b) Every assessor shall be summoned in such manner and shall receive such fees for his attendance as the court may direct. (3) Every such appeal shall be filed within thirty days of the date when the decision of the board was communicated in writing to the applicant or his representative and every other party affected by such decision. (4) In every such appeal— (a) against the making of an order, the respondent shall be the party upon whose application such order was made; (b) against the refusal to make an order, the respondent shall be any party who has opposed the making of such order: Provided that where no party has opposed the making of such order the respondent shall be the board; (c) (Spent). (5) Upon the hearing of an appeal, the court shall have power— (a) to determine a matter finally; (b) to make any decision or order which the board had power to make; (c) to order the board to re-hear the matter; (d) to take additional evidence or to require such evidence to be taken. (6) (a) The costs of every such appeal shall follow the event unless the court, for good reason, otherwise orders. (b) The court may, for good reason, order that the costs of any appeal shall be borne by the board, whether or not the board is the respondent in such appeal. (c) The amount of such costs shall be fixed by the court.
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(7) Upon any such appeal being filed, the minutes and any resolution of the board relating to the decision, order or refusal to make an order appealed against shall be supplied to the appellant free of charge, and shall form part of the record of the appeal. [Act No. 3 of 1951, s. 9, L.N.256/1963.]
17. Rules The Minister may make rules governing the powers, rules, election, duties, obligations and conduct of business of boards prescribing anything which under this Act may be prescribed and generally for properly carrying out the provisions of this Act. [Act No. 3 of 1951, s. 10 and 12.]
18. Penalties Any person contravening any of the provisions of this Act, or refusing or wilfully failing to comply with the lawful order of a board, shall be guilty of an offence and liable to a fine not exceeding one thousand shillings or to imprisonment for a term not exceeding six months, or to both such fine and such imprisonment. [Act No. 3 of 1951, s. 12.]
19. Cognizance of offences No court shall take cognizance of an offence of refusing or willfully failing to comply with the lawful order of a board except upon the complaint of any person who is damnified by such refusal or failure, or of the chairman of such board or of any person authorized by him for such purpose. [Act No. 3 of 1951, s. 11.]
FIRST SCHEDULE [section. 9, Act No. 3 of 1951, s. 13.]
APPLICATION FOR LEAVE TO CONSTRUCT A ROAD OF ACCESS
1. Name of applicant ...... Place of abode ...... Nationality ...... 2. Description and situation of land in respect of which such road of access is required, stating province, district, Land Reference number and all particulars which may assist in locating the same ...... 3. Public road, railway station or halt to which such road of access is required ...... 4. Description of land or lands over which it is proposed to construct such road of access, together with the name of the respective owner or owners thereof ......
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FIRST SCHEDULE—continued
5. The means of access (if any) to any public road, railway station or halt at present available for the use of the applicant, and whether the use of such means of access is subject to any payment or other terms or conditions ...... 6. Whether any crops or buildings will be damaged or destroyed by the construction of such road of access ...... If so, to what extent? ...... 7. Maximum width between drains of proposed road of access ...... 8. Any other facts of which the applicant is aware which may affect this application ......
...... Applicant Note. – This application must be submitted in duplicate, and must be accompanied by a sketch plan in quadruplicate showing approximately the course and direction of the proposed road of access and of the present means of access (if any) to a public road, railway station or halt.
SECOND SCHEDULE [Section 11, Act No. 3 of 1951, s. 13.]
ORDER GRANTING LEAVE TO CONSTRUCT A ROAD OF ACCESS
The ...... District Road Board, having considered the application of ...... submitted on the ...... day of ...... 20 ...... , hereby makes the following Order— The said ...... and his servants and agents are hereby granted leave to enter upon the land at ...... the property of ...... and upon ...... and to construct a road of access upon the following conditions— Here insert the description of any other land and the names of any other owners over whose land leave maybe given to construct the road. 1. The alignment of the said road shall be as shown on the attached sketch plan, and shall traverse Farms L.R. Nos...... to the ...... road [or railway station or halt]. 2. The width of such road shall not exceed ...... feet. 3. Compensation shall be paid to ...... in respect of...... at the rate of ...... to the amount of ...... and to ......
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SECOND SCHEDULE—continued 4. The said road of access shall be fenced in the following manner and to the following extent, and the cost of such fencing shall be borne in the following manner— Here set out specification of type of fencing to be erected and extent and locality of such fencing, including gates (if any)...... 5. The cost of construction and maintenance of such road of access shall be borne in the following manner— ...... Here insert other conditions (If any) 6 ......
...... Chairman, District Road Board
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[Subsidiary]
CHAPTER 399
PUBLIC ROADS AND ROADS OF ACCESS ACT
SUBSIDIARY LEGISLATION
List of Subsidiary Legislation Page 1. Lines of Public Travel dedicated, or converted from roads of access, under section 8, 1962 ...... 17 2. The Public Roads and Roads of Access Rules, 1955 ...... 27
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[Subsidiary]
LINES OF PUBLIC TRAVEL DEDICATED, OR CONVERTED FROM ROADS OF ACCESS, UNDER SECTION 8 [L.N. 434/1962, L.N. 345/1963.] The following lines of public travel have been dedicated, or established by conversion from roads of access*—
Name of road constituting the line of public travel Legislation in which description of the line appears 1. Londiani-Eldoret Cap. 229 (1948), Sub. Leg. 2. Naivasha-Nyeri Cap. 229 (1948), Sub. Leg. 3. Nakuru-Naivasha Cap. 229 (1948), Sub. Leg. 4. Eldoret-Kisumu Cap. 229 (1948), Sub. Leg. 5. Kibos-Kibigori Cap. 229 (1948), Sub. Leg. 6. Njoro-Eldalat Cap. 229 (1948), Sub. Leg. 7. Longonot-Njabini Cap. 229 (1948), Sub. Leg. 8. Nyeri Station Cap. 229 (1948), Sub. Leg. 9. Elgonview-Kapsoya Cap. 229 (1948), Sub. Leg. 10. Ngong-Dagoretti Forest Cap. 229 (1948), Sub. Leg. 11. Naivasha Lake (1) Cap. 229 (1948), Sub. Leg. 12. Naivasha Lake (2) Cap. 229 (1948), Sub. Leg. 13. FortTernan Cap. 229 (1948), Sub. Leg. 14. Kitale-Kacheliba Cap. 229 (1948), Sub. Leg. 15. Eldoret-Kitale Cap. 229 (1948), Sub. Leg. 16. Makutano-Fidoret Cap. 229 (1948), Sub. Leg. 17. Eldoret - Turbo - Kipkarren Trunk Road Cap. 229 (1948), Sub. Leg. 18. Nanyuki-Meru Cap. 229 (1948), Sub. Leg. 19. Eldoret-Kaimosi Cap. 229 (1948), Sub. Leg. 20. Nyeri-Nanyuki Cap. 229 (1948), Sub. Leg. 21. Nanyuki-Isiolo Cap. 229 (1948), Sub. Leg. 22. Nyeri Station-Nanyuki Cap. 229 (1948), Sub. Leg. 23. Naro Moru-Uaso Nyiro Cap. 229 (1948), Sub. Leg. 24. Naro Moru-Moyo Cap. 229 (1948), Sub. Leg. 25. Nyeri Station-Mweiga Cap. 229 (1948), Sub. Leg. 26. Nanyuki North Cap. 229 (1948), Sub. Leg. 27. Loldikas Cap. 229 (1948), Sub. Leg. 29. Nakuru-Njoro Cap. 229 (1948), Sub. Leg., as amended by G.N. 1153/1953. 30. Arara Cap. 229 (1948), Sub. Leg. 31. Longonot-Naivasha-Gilgil Cap. 229 (1948), Sub. Leg. 32. Koru Station-Koru Club Cap. 229 (1948), Sub. Leg. 33. Nakuru-Thomson’s Falls Cap. 229 (1948), Sub. Leg. 34. Ainamotua-Nandi Cap. 229 (1948), Sub. Leg. 36. Road in Nyanza District Council Area Cap. 229 (1948), Sub. Leg. 37. Nairobi-Athi River Cap. 229 (1948), Sub. Leg. 38. Nyeri-Rumuruti Cap. 229 (1948), Sub. Leg.
* All alterations and cancellations of lines of public travel have been taken into account in the following list.
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[Subsidiary] Name of road constituting the line of public travel Legislation in which description of the line appears 39. Nyeri - Rumuruti (section Ngobit-Rumuruti) Cap. 229 (1948), Sub. Leg. 40. Punda MilaIthanga Cap. 229 (1948), Sub. Leg. 41. Mitubiri-Kakuzi Cap. 229 (1948), Sub. Leg. 42. Chemin’ Station to its junction with Nakuru-Kisumu Cap. 229 (1948), Sub. Leg. Road 43. Nakuru - Isumu (section Lumbwa – Muhoroni - Cap. 229 (1948), Sub. Leg. Songhor-Kapchure River)
44. Nakuru - Isumu (section Lumbwa- Molo) Cap. 229 (1948), Sub. Leg.
45. Nakuru - Kisumu (section Molo-Njoro) Cap. 229 (1948), Sub. Leg. 46. Kiu-Kima Cap. 229 (1948), Sub. Leg. 47. Ulu-Machakos Cap. 229 (1948), Sub. Leg. 48. IKonza East Cap. 229 (1948), Sub. Leg. 49. Mua Hills Cap. 229 (1948), Sub. Leg. 50. Lukenya Cap. 229 (1948), Sub. Leg. 51. Thomson’s Falls-Mutara Cap. 229 (1948), Sub. Leg. 52. Thomson’s Falls-Rumuruti Cap. 229 (1948), Sub. Leg. 53. Thomson’s Falls-Ngobit Cap. 229 (1948), Sub. Leg. 54. Aberdares Cap. 229 (1948), Sub. Leg. 55. Rumuruti-Ol Arabel Valley Cap. 229 (1948), Sub. Leg. 56. Thomson’s Falls-Ol Arabe Valley Cap. 229 (1948), Sub. Leg. 57. Fort Ternan Cap. 229 (1948), Sub. Leg. 58. Rumuruti-Lower Narok Cap. 229 (1948), Sub. Leg. 59. Olabanaita Cap. 229 (1948), Sub. Leg. 60. Londiani-Junction Camp Cap. 229 (1948), Sub. Leg. 61. Lumbwa-Londiani (via Kedowa) Cap. 229 (1948), Sub. Leg. 62. Londiani By-pass Cap. 229 (1948), Sub. Leg. 63. Londiani-Makutano Cap. 229 (1948), Sub. Leg. 64. Konza Station - Machakos (portion) Cap. 229 (1948), Sub. Leg. 65. North Lumbwa Cap. 229 (1948), Sub. Leg. 66. Muhoroni-Songhor Cap. 229 (1948), Sub. Leg. 67. Nakuru - Ravine - Eldoret (sections Nakuru- Cap. 229 (1948), Sub. Leg. Kampi-ya-Moto and Ravine- Makutano) 68. Songhor - Nandi (towards Kapsabet) Cap. 229 (1948), Sub. Leg. 69. Songhor-Mtetei Cap. 229 (1948), Sub. Leg. 70. Ulu-Athi River Cap. 229 (1948), Sub. Leg. 71. Nyeri Station-Thego Cap. 229 (1948), Sub. Leg. 72. North Amboni Cap. 229 (1948), Sub. Leg. 73. South Amboni Cap. 229 (1948), Sub. Leg. 74. Mau Summit-Makutano Cap. 229 (1948), Sub. Leg. 75. Nandi East-O’Lessos Cap. 229 (1948), Sub.Leg. as amended by L.N. 367/1960. 76. Wanjohi Cap. 229 (1948), Sub. Leg. 77. 01 Kalou Feeder Cap. 229 (1948), Sub. Leg. 78. Bamboo Forest Cap. 229 (1948), Sub. Leg.
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[Subsidiary] Name of road constituting the line of public travel Legislation in which description of the line appears 79. New Road from the Kiu-Kima Road to the Ulu- Cap. 229 (1948), Sub. Leg. as amended Machakos Road by G.N. 136/1953 80. Moto Western Branch Cap. 229 (1948), Sub. Leg. 81. Thomson’s Falls-North Link Cap. 229 (1948), Sub. Leg. 82. Kipipiri Cap. 229 (1948), Sub. Leg. 83. Nets Bridge Cap. 229 (1948), Sub. Leg. 84. Soy-Moiben Cap. 229 (1948), Sub. Leg. 85. Ziwa Cap. 229 (1948), Sub. Leg. 86. Wheeler’s Drift Cap. 229 (1948), Sub. Leg. 87. Heard’s Cap. 229 (1948), Sub. Leg. 88. Soy-Hemsted’s Bridge Cap. 229 (1948), Sub. Leg. 89. Turbo-Hemsted’s Bridge Cap. 229 (1948), Sub. Leg. 90. Soy-Turbo Cap. 229 (1948), Sub. Leg. 91. Sergoit Cap. 229 (1948), Sub. Leg. 92. Wheeler’s Drift. Moiben Cap. 229 (1948), Sub. Leg. 93. Elgeyo Border Cap. 229 (1948), Sub. Leg. 94. Old Sergoit Cap. 229 (1948), Sub. Leg. 95. Kamorin Cap. 229 (1948), Sub. Leg. 96. Moiben Cap. 229 (1948), Sub. Leg. 97. Tosetti’s-Karuna Cap. 229 (1948), Sub. Leg. 98. Moiben Feeder Cap. 229 (1948), Sub. Leg. 99. Lessos Cap. 229 (1948), Sub. Leg. 100. Plateau South-west Cap. 229 (1948), Sub. Leg. 101. Farm 35, Kipkabus Cap. 229 (1948), Sub. Leg. 102. Kipkabus-Old Sergoit Cap. 229 (1948), Sub. Leg. 103. Plateau Cap. 229 (1948), Sub. Leg. 104. Plateau-Haji’s Drift Cap. 229 (1948), Sub. Leg. 105. Haji’s Drift— Cap. 229 (1948), Sub. Leg. 106. Kaptagat Cap. 229 (1948), Sub. Leg. 107. Ainabkoi Cap. 229 (1948), Sub. Leg. 108. Heppe’s Cap. 229 (1948), Sub. Leg. 109. Ngeria Cap. 229 (1948), Sub. Leg. 110. Lessos-Kampi Nyassa Cap. 229 (1948), Sub. Leg. 111. Waterworks Cap. 229 (1948), Sub. Leg. 112. Kipkarren Cap. 229 (1948), Sub. Leg. 113. Leseru Cap. 229 (1948), Sub. Leg. 114. Sarora Cap. 229 (1948), Sub. Leg. 115. Potter’s Cap. 229 (1948), Sub. Leg. 116. Turbo Police Station Cap. 229 (1948), Sub. Leg. 117. Turbo-Kipkarren Feeder Cap. 229 (1948), Sub. Leg. 118. Lugari Cap. 229 (1948), Sub. Leg. 119. Ikonge-Chemosit Cap. 229 (1948), Sub. Leg. 120. Ngoina-Jabalat Cap. 229 (1948), Sub. Leg. 121. Nakuru-Thomson’s Falls Cap. 229 (1948), Sub. Leg. 122. Hall’s Road (formerly Gilgit West) Cap. 229 (1948), Sub. Leg. as amended by G.N. 731/1952
19 [Issue 1]
CAP. 399 [Rev. 2012] Public Roads and Roads of Access
[Subsidiary] Name of road constituting the line of public travel Legislation in which description of the line appears 123. Gilgil-OlJoro Orok (Gilgit East) Cap. 229 (1948), Sub. Leg. as amended by L.N. 502/1958 124. Oleolondo Feeder Cap. 229 (1948), Sub. Leg. 125. (Nan) Mom-Nairobi River Cap. 229 (1948), Sub. Leg. 126. Thego-Nyeri Station Cap. 229 (1948), Sub. Leg. 127. UpperThego Cap. 229 (1948), Sub. Leg. 128. Thomson’s Falls-Subukia Cap. 229 (1948), Sub. Leg. 129. Maralal Cap. 229 (1948), Sub. Leg. 130. Maji Ya Chumvi Cap. 229 (1948), Sub. Leg. 131. Kaptagat-Kipkabus Cap. 229 (1948), Sub. Leg. 132. Ainabkoi Feeder Cap. 229 (1948), Sub. Leg. 133. From Naivasha-Nyeri Road to Longonot-Njabini Cap. 229 (1948), Sub. Leg. Road 134. 01 Kalou Westwards Cap. 229 (1948), Sub. Leg. 135. North-South Kinangop Cap. 229 (1948), Sub. Leg. 136. Thika-Njabini Cap. 229 (1948), Sub. Leg. 137. South Subukia Cap. 229 (1948), Sub. Leg. 138. Chemelil Side Cap. 229 (1948), Sub. Leg. 139. Koru Police Station Cap. 229 (1948), Sub. Leg. 140. Longini Cap. 229 (1948), Sub. Leg. 141. Koru Road Extension Cap. 229 (1948), Sub. Leg. 142. Makupa-Changamwe Cap. 229 (1948), Sub. Leg. 143. Kiwa-Jomvu-Mariakani Cap. 229 (1948), Sub. Leg. 144. Western Trans Nzoia Cap. 229 (1948), Sub. Leg. 145. Cherangani Cap. 229 (1948), Sub. Leg. 146. Croft’s Bridge Cap. 229 (1948), Sub. Leg. 147. Glanville Halt Cap. 229 (1948), Sub. Leg. 148. Hoey’s Bridge Feeder Cap. 229 (1948), Sub. Leg. 149. Kacheliba Cap. 229 (1948), Sub. Leg. 150. Sandum’s Cap. 229 (1948), Sub. Leg. 152. Elgon Central Cap. 229 (1948), Sub. Leg. 153. Endebess Cap. 229 (1948), Sub. Leg. 154. Mount Elgon Cap. 229 (1948), Sub. Leg. 155. Karamoja Cap. 229 (1948), Sub. Leg. 156. Elgon Link North Cap. 229 (1948), Sub. Leg. 157. Chorlim Cap. 229 (1948), Sub. Leg. 158. Machewa Cap. 229 (1948), Sub. Leg. 159. Hemsted’s Bridge Cap. 229 (1948), Sub. Leg. 160. Elgon Link South Cap. 229 (1948), Sub. Leg. 161. Elmer-Kiminini Cap. 229 (1948), Sub. Leg. 162. Famer-Bisschoff Cap. 229 (1948), Sub. Leg. 163. Kakamega Cap. 229 (1948), Sub. Leg. 164. Lugari Cap. 229 (1948), Sub. Leg. 165. West Nzoia Cap. 229 (1948), Sub. Leg. 166. Matunda Cap. 229 (1948), Sub. Leg. 167. Suam Sawmill Cap. 229 (1948), Sub. Leg.
[Issue 1] 20
[Rev. 2012] CAP. 399 Public Roads and Roads of Access
[Subsidiary] Name of road constituting the line of public travel Legislation in which description of the line appears 168. Khybe River Cap. 229 (1948), Sub. Leg. 169. Chebanga - Kipsonoi Daraja Sita Cap. 229 (1948), Sub. Leg. 170. Sotik-Chepalunga Cap. 229 (1948), Sub. Leg. 171. Changamwe-Kwa Jomvu G.N. 368/1949 172. Kaisugu G.N. 948/1949 173. Chebown-Boito (settled area portion only) G.N. 948/1949 174. Yagane-Sotik Club-Sotik Post G.N. 948/1949 175. Kitiri G.N. 16/1950 176. 01 Kalou Link G.N. 77/1950 177. Leshau G.N. 78/1950 178. Suam G.N. 146/1950 179. Elgon South G.N. 146/1950 180. Elgon South Extension G.N. 146/1950 181. Wanjohe River G.N. 167/1950 182. East-West Nandi G.N. 220/1960 183. South West Nandi G.N. 220/1960 184. Keben Spa G.N. 407/1950 185. Redhill G.N. 464/1950 186. Girls School G.N. 623/1950 187. Black Bridge G.N. 623/1950 188. Tigoni G.N. 623/1950 189. Chapore G.N. 623/1950 190. New Mbagathi G.N. 651/1950 191. Legettet Farms G.N. 767/1950, as amended by L.N. 447/1959 192. Jesumai-Manga L.N. 767/1950 193. Kamasia Stock Route G.N. 830/1950 194. Tinderet Forest G.N. 861/1950 195. Kaptagat Station G.N. 1052/1950 196. Matunda Halt G.N. 1052/1950 197. Langata G.N. 1111/1950 198. Kabete G.N. 1111/1950 199. Marlborough G.N. 1111/1950 200. Gethathuru G.N. 1111/1950 201. Machakos G.N. 1112/1950 202. Karen G.N. 1190/1950 203. Ruiru via Kamiti G.N. 1190/1950 204. Langata South G.N. 1190/1950 205. Kamiti Forest G.N. 1190/1950 206. Kahawa Station G.N. 1190/1950 207. Juja G.N. 1190/1950 208. Koma Rock - Ruiru Stock Route G.N. 1191/1950 209. Uplands G.N. 1215/1950 210. Theta G.N. 1215/1950 211. Magutha G.N. 1215/1950 212. Murera G.N. 1215/1950
21 [Issue 1]
CAP. 399 [Rev. 2012] Public Roads and Roads of Access
[Subsidiary] Name of road constituting the line of public travel Legislation in which description of the line appears 213. Bennett’s Ridge G.N. 1215/1950 214. Ngenda G.N. 1215/1950 215. White Sisters G.N. 1385/1950 216. Bendors G.N. 1385/1950 217. Taylor’s G.N. 1386/1950 218. Kiambu G.N. 237/1950 219. Donyo Sabuk G.N. 254/1950 220. Donyo Sabuk North G.N. 254/1951, as amended by G.N. 535/1951 221. Bridges G.N. 254/1951 222. Makuyu-Kitito G.N. 254/1951 223. Makuyu Station G.N. 254/1951 224. Maragua Allotments G.N. 254/1951 225. Sirimon G.N. 507/1951 226. Macaca Ridge G.N. 507/1951 227. Sabukia G.N. 507/1951 228. Pierce’s G.N. 507/1951 229. Sykes’ G.N. 507/1951 230. Karen G.N. 703/1951 231. Club Lane G.N. 703/1951 232. Chase Lane G.N. 703/1951 233. Miotoni G.N. 703/1951 234. Bogani G.N. 703/1951 235. Ndegi G.N. 703/1951 236. Marula Lane G.N. 703/1951 237. Forest Lane G.N. 703/1951 238. Miotoni West G.N. 703/1951 239. Nandi G.N. 703/1951 240. Warai South G.N. 703/1951 241. Warai North G.N. 703/1951 242. The Link G.N. 703/1951 243. Windy Ridge G.N. 703/1951 244. Westwood G.N. 703/1951 245. Masai G.N. 703/1951 246. MasaiLane G.N. 703/1951 247. Kibo Lane G.N. 703/1951 248. Mbagathi Ridge G.N. 703/1951 249. Miotoni Lane G.N. 703/1951 250. Warai G.N. 703/1951 251. Ridgeway Lane G.N. 703/1951 252. Herring’s Lane G.N. 703/1951 253. Steven’s Lane G.N. 703/1951 254. Quarry Lane G.N. 703/1951 255. Ngong G.N. 806/1951 256. Makuyu G.N. 846/1951 as amended by L.N. 449/1959
[Issue 1] 22
[Rev. 2012] CAP. 399 Public Roads and Roads of Access
[Subsidiary] Name of road constituting the line of public travel Legislation in which description of the line appears 257. Makuyu North G.N. 846/1951 258. Makuyu East. G.N. 846/1951 259. Kakuzi G.N. 846/1951 260. Makindi G.N. 846/1951 261. Mitubiri-Fort Hall G.N. 846/1951 262. Matunguru G.N. 846/1951 263. Moneys G.N. 846/1951 264. Sabugu Feeder G.N. 1115/1951 265. Lereko G.N. 1115/1951 266. Strong’s G.N. 1115/1951 267. Ainabkoi Feeder South G.N. 1418/1951 268. Solai G.N. 64/1952 269. White Rocks G.N. 64/1952 270. North Subukia G.N. 64/1952 271. Subukia Forest G.N. 64/1952 272. Escarpment G.N. 64/1952 273. Miltons Siding G.N. 64/1952 274. Solai Station G.N. 64/1952 275. Dundori G.N. 64/1952 276. Gains G.N. 64/1952 277. Bahati G.N. 64/1952 278. Kishobo G.N. 64/1952 279. Mackinlays G.N. 64/1952 280. Beestons G.N. 64/1952 281. Pipeline G.N. 64/1952 282. Rongai-Kampi-Ya-Moto G.N. 64/1952 283. High Rigg G.N. 64/1952 284. Evans Bridge G.N. 64/1952 285. Turi Circular G.N. 64/1952 286. Mob Central G.N. 64/1952 287. Mob West G.N. 64/1952 288. Mob East G.N. 64/1952 289. Marigat G.N. 64/1952 290. Sabatia G.N. 64/1952 291. Equator Station G.N. 64/1952 292. Barkers G.N. 64/1952 293. Rugongo Forest G.N. 64/1952 294. Elburgon Feeder G.N. 64/1952 295. Henley G.N. 64/1952 296. Kedowa Farms G.N. 65/1952 297. Molo East Branch G.N. 66/1952 298. Laikipia Sand Quarry Reserve G.N. 67/1952 299. Seremai Avenue G.N. 67/1952 300. Mukogodo G.N. 67/1952 301. Nakuru-Rongai G.N. 457/1952 302. Nairobi-Thika G.N. 921/1953
23 [Issue 1]
CAP. 399 [Rev. 2012] Public Roads and Roads of Access
[Subsidiary] Name of road constituting the line of public travel Legislation in which description of the line appears 303. Nakuru-Njoro G.N. 1153/1953. 304. Gilgil-Ol Joro Orok (Gilgil East) (B14) L.N. 502/1958. 305. Sagana-Maros (B16/3) L.N. 448/1959. 306. Marua-Nyeri (B18/1) L.N. 448/1959. 307. Thika-Sagana (B16/2) L.N. 449/1959. 308. Mteitei-Tinderet Farms (C552) L.N. 368/1960. 309. Nairobi - Athi River-Mombasa (A104/4 and L.N. 425/1960. A109/8) 310. Sotik-Kijaur (B7/5) L.N. 426/1960. 311. Kibos-Miwani (C543) L.N. 439/1960. 312. Athi River - Sultan Hamad (A109/8) L.N. 541/1960. 313. Nakuru - Mau Summit (A104/7) L.N. 92/1961. 314. Broderick Falls - Malaba (A104/10) L.N. 93/1961. 315. Mau Summit-Eldoret (A104/8) L.N. 94/1961. 316. Kericho-Mau Summit (825/1) L.N. 95/1961. 317. Eldoret-Turbo-Broderick Falls (A104/9) L.N. 96/1961. 318. Eldoret-Kapsabet (B11/1) L.N. 97/1961. 319. Kisumu-Ahero (B25/3) L.N. 135/1961. 320. Nairobi - Naivasha (A104/4) L.N. 136/1961. 321. Naivasha-Gilgil (A104/5) L.N. 137/1961. 322. Gilgil-Nakuru (A104/6) L.N. 138/1961. 323. Mtwapa-Takaungu Turn-off- section of Mtwapa- L.N. 139/1961. Kilifi Road (B24/3) 324. Ring Road, Nanyuki L.N. 156/1961. 325. Kericho-Sotik (B6/2) L.N. 411/1961. 326. Ndi-Kedai L.N. 196/1962. 327. Lumbwa-Kaisugu (C447) L.N. 435/1962. 328. East Mau and East Mau Extension (C472/2) L.N. 436/1962. 329. Nandi West (C571/1) L.N. 437/1962. 330. Songhor-Nandi Hills (C549/2) L.N. 461/1962. 331. Mbaruk Link (Part) L.N. 462/1962. 332. Mombasa-Shimoni (B24/1) L.N. 547/1962. 333. Kericho-Kisumu L.N. 552/1962. 334. Nandi East-OLessos (C549/2) L.N. 553/1962. 335. Kabatini L.N. 569/1962. 336. Soy Police Post L.N. 282/1963. 337. Visoi L.N. 417/1963. 338. Kapsoit-Sondu (0137) L.N. 476/1963. 339. Kivoga - Mukomoni Link (0433) L.N. 683/1963 340. Kapkuberwet – Kaptebeswet Road (0143/1) L.N. 13/1964. 341. Kaptebeswet - Tegat Road (C443/2) L.N. 14/1964. 342. Kiongo Road (0149) L.N. 15/1964. 343. Cheptero Road (C453) L.N. 16/1964. 344. Kakamega - Mumia – Busia (B9/1 and B9/2) L.N. 31 /1964. 345. Kisumu -IKakamega Road (B2/1) L.N. 32/1964. 346. Mariashoni-Elburgon Town L.N. 250/1966.
[Issue 1] 24
[Rev. 2012] CAP. 399 Public Roads and Roads of Access
[Subsidiary] Name of road constituting the line of public travel Legislation in which description of the line appears 347. Keringet-Olenguruone Road L.N. 89 1968. 348. Kisinana-Hannington’s View Point Road L.N. 89/1968. 349. Miltons Siding-Kisinana Road L.N. 89/1968. 350. Lembus Forest - Timboroa Road L.N. 90/1968.
25 [Issue 1]
[Rev. 2012] CAP. 399 Public Roads and Roads of Access
[Subsidiary]
PUBLIC ROADS AND ROADS OF ACCESS RULES, 1955
RULES UNDER SECTIONS 9(2) AND 17 [G.N. 792/1955, L.N. 395/1960, L.N. 374/1964.]
1. These Rules may be cited as the Public Roads and Roads of Access Rules.
2. When an application is made to a board for leave to construct a road in pursuance to subsection (1) of section 9 of the Act, a fee of thirty shillings shall accompany such application.
3. Notification by a board to the Registrar of Titles under subsection (1) of section 12 of the Act shall be in Form 1 in the Schedule to these Rules, and shall be accompanied by the form of application for registration prescribed by or under the Act under which the land is registered.
4. Notification by a board to the Registrar of Titles under subsection (5) of section 12 of the Act shall be in Form 2 in the Schedule to these Rules, and shall be accompanied by the form of application for registration prescribed by or under the Act under which the land is registered.
5. The fee for registration under subsection (1) of section 12 of the Act shall be Sh. 25 for every title and shall be paid by means of adhesive revenue stamps affixed to the form of application in the place provided.
6. (1) The Registrar of Titles shall cause to be impressed on all applications on which fees have been paid and on all copies thereof a stamp recording the date and time of presentation in such manner (in the case of the original) as to cancel the stamps affixed in payment of the fees. (2) Such impression shall, in the absence of fraud, be conclusive evidence of the date and time of presentation and that the fees stated in the application to have been paid have been paid.
SCHEDULE FORM 1 (r. 3) NOTIFICATION OF GRANT OF ROAD OF ACCESS To: The Registrar of Titles/Government Lands/Land Titles, Nairobi/Mombasa. NOTICE IS HEREBY GIVEN that an Order has been made under section 11 (1) of the Act granting a road of access over the following pieces of land, viz.: - L.R. No ...... District ...... Registered Owner The Order may be inspected by any person at the office of the ...... *District Road Board/County Council on payment of the prescribed fee. Dated this ...... day of ...... 20 ...... * Secretary ...... District Road Board. * Clerk to the ...... County Council. * Delete inapplicable words.
27 [Issue 1]
CAP. 399 [Rev. 2012] Public Roads and Roads of Access
[Subsidiary] SCHEDULE—continued
FORM 2 (r. 4) NOTIFICATION OF CANCELLATION OR VARIATION OF ROAD OF ACCESS To: The Registrar of Titles/Government Lands/Land Titles, P.O. Box 30089, P.O. Box 53, Nairobi. Mombasa. NOTICE IS HEREBY GIVEN that the following Order made under section 11(1) of the Act, viz.— Date ...... L.R. No. District ...... Registered Owner *has been cancelled [varied]. †The Order (as varied) may be inspected by any person at the office of the ...... *District Road Board/County Council on payment of the prescribed fee. Dated this ...... day of ...... 20 ...... * Secretary ...... District Road Board. * Clerk to the ...... County Council. * Delete inapplicable words. † Delete in cases of cancellation.
[Issue 1] 28