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Kenha says culprits to face Sh100,000 fine, imprisonment

By James Wanzala | Published Tue, October 17th 2017 at 16:50, Updated October 17th 2017 at 16:59 GMT +3

NAIROBI, KENYA: The Kenya National Highway Authority (KeNHA) has issued stern warning to demonstrators destroying roads in the ongoing protests.

The authority reminded offenders of Sh100, 000 fine or imprisonment for a term not exceeding two years.

Following Supreme Court nullification of August 8 presidential elections, The National super alliance (Nasa) coalition has called on its supporters to protest in demand for reforms at the Independent Electoral and Boundaries Commission (IEBC).

Kenya National Highway Authority Chairman Erastus Mwongera said it is infuriated by the ongoing destruction of roads following demonstrations across the country.

 “Construction of paved roads is a very costly undertaking. It is estimated that, currently a kilometre of paved road cost in excess of Sh100 million of National Trunk Road. This translates to Sh100, 000 per metre and or Sh50, 000 per cubic metre of bituminous surface repair,” said the authority.

The Kenya Roads Act, 2007 Section 58 (b & c) stipulates as follows: Any person who unlawfully - (b) damages or in any way interferes with any road or other property of an Authority in such a manner as to endanger the life of any person; or (c) does any act which obstructs or is likely to obstruct the operation of vehicles on any road or the use of any weighbridge, commits an offence and is liable on conviction to imprisonment for a term not exceeding two years, or to a fine not exceeding one hundred thousand shillings, or to both.

Traffic Act Cap 403 (Section 90, 91 and 93) stipulate as follows: 1.Section 90 Sub section 2 (C) No Person shall willfully obstruct the free passage of persons or vehicles passing along the road 2.Section 91 Sub section 1 (b) Every person who, without the written permission of the highway authority makes any fire on any road shall be guilty of an offence 3. Section 93 Sub Section 2 Nothing in this act (Traffic Act Cap 403) shall affect the right of the highway authority or of any person to recover compensation from the owner or driver of any vehicle for any loss, damage or injury which may be sustained by the highway authority or such person by the use of a vehicle.

“In view of the above, instances where the Authority will encounter tires set ablaze on any public paved road, we will have no option but to prosecute the culprits in courts of law and recover the cost of repairs from the persons who will be found culpable for having organised the demonstrations, leading to the said destruction of paved roads. We urge picketers to obey the rule of law and avoid burning the roads,” added the statement.


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