County governments and road agencies could be forced to immediately start constructing cyclist and pedestrian tracks on every road.
This will be if the Senate agrees with the National Assembly on a new law compelling the agencies and county governments to build roads with pedestrians and cyclists in mind.
MPs deleted a key transitional clause that would have given the implementing agencies 15 years to comply with new non-motorised transport requirements.
In consideration of the Kenya Roads (Amendment) Bill, 2024, lawmakers struck out a provision that had been designed to cushion counties and road authorities.
It was to allow them at least 15 years to redesign existing roads, a situation that would have excused them from the financial and logistical burden.
As originally published, Clause 9 stated that “the enactment of these amendments shall take effect in 15 years' time to cater for already existing infrastructure.”
The provision effectively created a transition window for national road agencies and county governments to gradually provide the cycling lanes, pedestrian walkways and other facilities required under the proposed law.
MPs deleted the clause in its entirety during the committee stage.
This means the law, which MPs passed last Thursday, will take effect should the Senate agree and the same is assented to by the President.
The Bill, sponsored by Samburu West MP Naisula Lesuuda, introduces far-reaching obligations on road agencies and county governments.
“Senate, over to you. We will then follow up on the implementation, God willing,” she said after her National Assembly colleagues backed the Bill at the third reading stage.
It requires the Kenya National Highways Authority, the Kenya Urban Roads Authority and the Kenya Rural Roads Authority to design and construct designated tracks on existing and new roads under their control.
The facilities must include cycling lanes and pedestrian walkways separated from lanes used by motorised traffic.
County governments are similarly required to design and construct dedicated non-motorised transport infrastructure on roads under their jurisdiction.
The agencies are further tasked with maintaining the facilities, enforcing their use, erecting appropriate signage and creating public awareness.
The concerned agencies have further been tasked with conducting public participation on road safety and non-motorised transport issues.
Lesuuda has underscored the importance of the infrastructural changes, saying its core is about justice, dignity and safety on our roads.
“It is about ending the systemic injustice that exists on the Kenyan roads. Let me be clear, the current road design framework in our urban and peri-urban areas excludes the majority,” she said during the debate.
“Our roads are built for motorised vehicles, as if only those with or in cars deserve to move safely. As if dignity, safety and access are luxuries. But what happens to the millions of Kenyans, the real majority, our children who walk every day to school?” the lawmaker asked.
Authorities that manage thousands of kilometres of roads that were not designed with cyclists and pedestrians in mind face the headache of redesigning them.
Once enacted, counties and road agencies will have no statutory grace period to gradually align existing infrastructure with the new legal requirements.
The change is likely to raise questions about financing, since the overhaul would require massive budgets.
Many counties are already struggling with limited budgets and competing priorities such as health services, water projects, agriculture and urban development.
Retrofitting existing roads to accommodate separate cycling lanes and pedestrian walkways could require significant redesign works, land acquisition in some areas and the relocation of utilities and roadside businesses.
Urban centres may face the greatest challenge, particularly where roads were constructed decades ago and have little room for expansion.
Road agencies could also face pressure to review ongoing and planned projects to ensure compliance with the new legal requirements.
The amendments further strengthen cooperation between national road authorities and county governments.
One amendment requires road agencies to consult and cooperate with counties in the exercise of functions relating to non-motorised transport infrastructure.
The bill further introduces mandatory provisions on green infrastructure, environmental protection, technological innovation and the safety of pedestrians and cyclists.
Traffic police are also assigned a direct enforcement role under a new section requiring them to ensure strict use of cycling lanes and pedestrian walkways and safeguard users of non-motorised transport.
Pedestrians account for a significant share of road accident victims in the country.
Urban planners have increasingly pushed for investment in walking and cycling infrastructure as cities grapple with congestion and pollution.
