Section 1The motionheading transcribed from the printed page
Matches youInakuhusuInakuhusuAI draft (not yet reviewed)
This is a motion of the Nairobi City County Assembly. It urges the County Executive Committee Member to quickly write and submit regulations under the Nairobi City County Transport Act, 2020. The regulations would set procedures, rules, offences and penalties for damage to public infrastructure, especially roads, during public or private construction works. The motion's opening part refers to the Constitution, the Kenya Roads Act, 2007 and Section 41(8) of the Nairobi City County Transport Act, 2020, and says heavy construction equipment can damage roads near building sites.
Kifungu hiki ni hoja ya Bunge la Kaunti ya Jiji la Nairobi. Hoja hii inamtaka Mjumbe wa Kamati Tendaji ya Kaunti (County Executive Committee Member) aandae na awasilishe kwa haraka kanuni chini ya Sheria ya Uchukuzi ya Jiji la Nairobi, 2020. Kanuni hizo zitaweka taratibu, sheria, makosa na adhabu kuhusu uharibifu wa miundombinu ya umma, hasa barabara, wakati wa kazi za ujenzi za umma au za kibinafsi. Sehemu ya mwanzo ya hoja inataja Katiba, Sheria ya Barabara ya Kenya ya 2007 na kifungu cha 41(8) cha Sheria ya Uchukuzi ya Jiji la Nairobi, 2020, na inasema vifaa vizito vya ujenzi vinaweza kuharibu barabara karibu na maeneo ya ujenzi.
Section 1 ina-urge County Executive Committee Member ku-formulate na ku-submit regulations za Nairobi City County Transport Act, 2020 haraka. Regulations hizo zita-set procedures, rules, offences na penalties kwa damage ya public infrastructure, especially roads, during public ama private construction works. Motion ina-mention Constitution, Kenya Roads Act, 2007 na Section 41(8) ya Nairobi City County Transport Act, 2020, na ina-say heavy equipment ya construction companies inaweza ku-damage roads near sites.
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THAT, aware that paragraph 5 (a) of Part II of the Constitution of Kenya provides for County Roads as a function of County Governments and that Paragraph 18 of Part II provides for National roads as a function of National Government; Further aware that Section 50 of the Kenya Roads Act, 2007 provides that the owner of a vehicle is liable for damages on a road by reason of vehicle passing over it in contravention of rules made by the relevant authority under the Act; Noting that Section 41 (8) of the Nairobi City County Transport Act, 2020 requires that utility companies that have been granted permission to carry out works shall ensure that the road and its facilities are reinstated to appropriate standards; cognizant that construction companies carrying out projects on real estate, roads and other sites are bound to use heavy equipment and machinery that use public roads and other public facilities; further cognizant that in executive their works, the mobility of these heavy equipment and machinery cause damage to public roads near the sites since their tonnage may be higher than the roads may tolerate; deeply concerned that the resulting poor condition of the road riddled with deep potholes and stagnant water cause profound inconvenience to other road users and accelerated wear and tear to vehicles of reasonable sizes, further, the ambition to reduce time spent on the road during movement of goods and services becomes greatly hampered; further concerned that should this trend be left to persist and National and County regulations unenforced in light of many construction works that are ongoing in the County, many roads that the County and National Governments have spent resources to construct will be left impassible forcing the allocation of fresh resources for their repair and maintenance. Now therefore, in order to curb reckless damage to public infrastructure, especially roads, the Assembly urges the County Executive Committee Member to urgently formulate and submit Regulations to Nairobi City County Transport Act, 2020 to provide for procedures, rules, offenses and sanctions on damage to public infrastructure in the course of any public or private construction works.