Motion filed to force Nairobi contractors to repair damaged roads
Neglected construction sites have contributed to flooding, heavy traffic, and, in some instances, accidents, leaving residents frustrated and motorists inconvenienced.
Contractors operating in Nairobi may soon face legal obligations to repair roads, drainage channels, and other public infrastructure damaged by their construction activities.
A motion currently before the Nairobi County Assembly calls on the County Executive Committee (CEC) for Public Works to develop regulations that require contractors to restore any public property affected during their projects.
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The proposed regulations would operationalise provisions under the Nairobi City County Transport Act, 2020, outlining responsibilities, penalties, and procedures for firms whose works cause damage.
The motion comes amid rising concerns about the state of city roads, many of which have been weakened or blocked by ongoing construction projects that are often left unfinished or poorly managed.
Neglected construction sites have contributed to flooding, heavy traffic, and, in some instances, accidents, leaving residents frustrated and motorists inconvenienced.
Karen MCA Antony Maragu, who introduced the motion, cites Section 50 of the Kenya Roads Act, 2007, which holds vehicle operators responsible for any damage caused to roads when regulations are violated.
The motion also references Section 41(8) of the Nairobi City County Transport Act, 2020, which obligates all entities authorised to carry out works on public roads to restore them to proper standards after completion.
It notes that construction companies frequently deploy heavy machinery, such as dump trucks, excavators, and concrete mixers, on public roads near their projects, often exceeding the roads’ weight limits.
“The mobility of this heavy equipment and machinery causes damage to public roads near the sites since their tonnage may be higher than the roads can tolerate,” the motion states.
Damage from such activities leaves streets full of potholes and pools of stagnant water, which not only frustrate commuters but also accelerate the deterioration of smaller vehicles.
The poor condition of access roads further undermines efforts to improve traffic flow and reduce travel times across Nairobi, affecting both private and public transport.
The motion warns that if these issues are not addressed, newly constructed roads funded by national and county resources could quickly become unusable, forcing authorities to redirect funds meant for development to repair damaged infrastructure.
It calls for the Public Works department to act urgently, drafting and submitting regulations under the Nairobi City County Transport Act, 2020, to ensure all contractors take responsibility for any harm their projects cause to public roads and utilities.
In addition to holding contractors accountable, the regulations are expected to provide clarity on offenses and penalties, creating a system where any damage to public infrastructure is systematically addressed.
The motion stresses that establishing clear standards and procedures is critical to preserving the city’s transport network and ensuring ongoing construction does not compromise Nairobi’s road safety and mobility.
By enforcing these measures, the County Assembly hopes to prevent further deterioration of vital public infrastructure, protect motorists, and ensure that the city’s development projects do not inadvertently harm the very systems they rely upon.
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