National Assembly Majority Leader Kimani Ichung’wa.
The directors-general of three road agencies will serve for a maximum of six years, down from the current 10, if Parliament approves a new Bill proposing to reduce their term from five years (renewable) to three.
The Kenya Roads (Amendment)(No2) Bill, 2025 seeks to amend Section 13 of the Kenya Roads Act, Cap 408 to provide that the chief executive officers or equivalent positions of State corporations serve for a term of three years, renewable once, subject to satisfactory performance of the person holding the office.
Currently, the law provides that the chief executive officers for the Kenya National Highways Authority (Kenha), Kenya Urbans Road Authority (Kura) and Kenya Rural Roads Authority (Kerra) are serving for a five-year renewable term.
“The principal object of the Bill is to amend section 13 of the Kenya Roads Act, Cap 408, to align the Act with Mwongozo Code of Governance of State Corporations,” said Kimani Ichung’wah, the Majority Leader and the sponsor of the Bill.
“The Code of Conduct for State Corporations provides that chief executive officers or equivalent positions of the State corporations serve for a term of three years, renewable once, subject to satisfactory performance of the person holding office.”
Mr Ichung’wah said the term of office is intended to ensure performance and promote good governance in the management of State corporations and their boards, as should be in practice.
Construction workers on the expansion of Kaplong-Bomet junction stage in Bomet county
“However, in the case of state corporations in the roads sector, these being the Kenya Rural Roads Authority (Kerra), the Kenya Urban Roads Authority (Kura), and the Kenya National Highways Authority (Kenha), section 13 of the Act provides that the director-general of each authority shall serve for a term of office of five years,” Mr Ichung’wah said in the Bills memorandum of objects and reasons.
“This is contrary to the Code of Governance for State Corporations and therefore the current provisions of section 13 of the Act undoubtedly negate the values of good governance.”
The Bill proposes to amend section 13 of the Act to provide that the director-general of each authority shall serve for three years, renewable once.
Mr Ichung’wah said this is intended to promote good governance and performance in the day-to-day management of State corporations in the roads sector.
The Bill further provides for a transition provision and stipulates that a person who, immediately before the commencement of the Act, held office as a director-general shall serve for the unexpired period of his or her term and shall be eligible, for a person serving the first term, for appointment for one further term of one year.
“A person who, immediately before the commencement of this Act, held office as a director-general shall serve for the unexpired period of his or her term and shall be eligible, for a person serving the first term, for appointment for one further term of one year,” the Bill states.
A proposed amendment to the Roads Act in 2021 set the tenure of the directors-general for roads agencies to a five-year renewable term.
The new Bill amends the Kenya Roads Act 2007, which came into force following recommendations of Sessional Paper number 5 of 2006 that identified stark administrative and functional deficiencies in a deplorable transport sector at the time.
