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The director-generals of three State corporations in charge of roads in the country will serve for up to 10 years if Parliament approves the proposed amendments to the Kenya Roads Act.
The Kenya Roads (Amendment) Bill 2021, currently before the National Assembly, proposes that the director-generals should hold office for a term of five years that is renewable once.
If passed, the amendments will have a significant impact on the tenures of the heads of the Kenya National Highways Authority (Kenha), Kenya Urban Roads Authority (Kura) and Kenya Rural Roads Authority (KeRRA). Section 13 (3) of the Kenya Roads Act, enacted in 2007, provides that the DGs shall be appointed by their respective boards to hold office for a term of three years and shall be eligible for appointment for one more term. The appointments must be done in consultation with the Cabinet Secretary in charge.
In what could raise eyebrows, the proposed law reduces the qualifications of the DGs from a Master’s degree to a Bachelor’s qualification.
The law makes it mandatory that DGs must be registered with the Engineers Registration Board of Kenya (ERBK) in the category of registered engineer in the field of highway engineering. It is also a requirement that a DG must be a member of the Institution of Engineers of Kenya (IEK). However, the proposed amendments limit the qualifications of a DG to being registered with the Engineers Board of Kenya.
The Bill further reduces the post-registration experience in the field of road and highway engineering from 15 years to 10.
“The principal object of this Bill is to amend the Kenya Roads Act to align it with the provisions of the Constitution,” the Bill, signed by West Pokot MP David Pkosing, who chairs the House Committee on Transport, Public Works and Housing, reads.
Mr Pkosing’s committee is required to scrutinise the Bill and table a report to the plenary of the National Assembly explaining the implications of the proposed amendments.
Currently, Eng Peter Mundinia is the DG of Kenha, Eng Silas Kinoti the DG KURA and Eng Philemon Kandie is the acting DG at KeRRA.
But even as the House awaits the report, already a section of the committee members have questioned the amendments, claiming they are tailor made to suit the academic qualifications as well as the experience of one of the DGs.
The committee members spoke to the Sunday Nation in confidence because they are barred by the House Standing Orders from anticipating debate on a matter that is yet to find its way to the House.
However, Belgut MP Nelson Koech, who is not a member of the Transport committee, warned against legislating to suit individual interests.
“As a country we need to legislate for posterity. We should be legislating for the interests of the nation. Parliament should never think of producing laws tailor-made for certain individuals,” said Mr Koech.
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