This Act may be cited as the Mtwapa Bridge Act.
In this Act—
means the agreement which is set out in the Schedule to this Act;
means the bridge which the company is authorized by the agreement to operate;
, except where the context otherwise requires, means the bridge, the land owned by the company contiguous to the bridge, and the road reserve for a distance of—
91.4 metres in a northerly direction from the north face of the north anchor blocks; and
152.4 metres in a southerly direction from the south face of the south anchor blocks;
means Mtwapa Bridge Limited, a limited company having its registered office at Nairobi, or any person or persons to whom the company may assign its right under the proviso to clause 1 of the agreement.
Subject to the provisions of this Act, the agreement is hereby ratified and approved.
Subject to the provisions of clauses 1, 9 and 10 of the agreement, the bridge shall be open at all times of the day or night to—
pedestrians;
wheeled vehicles having an individual rolling load not greater than 40,642 kg and with no single axle load greater than 12,700 kg;
animals under the effective control of their custodians: Provided that—
the Minister may by order close the bridge if he is satisfied that it is, or is likely to become, dangerous, or that essential maintenance or repair work renders the closure of the bridge imperative;
where a person in charge of cattle on foot wishes to cross the bridge with the cattle and the immediate volume of wheeled traffic is such that in the opinion of an officer of the company, substantial inconvenience, will be caused by the crossing, he may require that person to delay the crossing until permission therefor is given by the officer.
An officer of the company in uniform in the bridge area shall, subject to any directions by the Commissioner of Police, have the same powers of arrest and of controlling traffic, keeping order and preventing obstructions as are conferred upon police officers by sections 29 and 32 of the Criminal Procedure Code (Cap. 75) and section 26 of the Police Act (Cap. 84) and in respect of the exercise of those powers any act which if done in relation to a police officer would constitute an offence shall, if done in relation to an officer of the company, be deemed to constitute the same offence and to render the offender liable to the penalties prescribed therefor. [Act No. 21 of 1966, First Sch.]
After giving reasonable notice to the company of his intention so to do the Minister may cause the bridge to be inspected and tested as he may think proper, and the company shall make available for the inspection or test without charge such equipment and facilities as it may possess.
The Kenya Posts and Telecommunications Corporation or the Government may attach wires, cables or pipes to the bridge (due regard being had to such reasonable directions with regard thereto as the company may give) and maintain them, without payment to the company whether in respect of wayleave, toll or otherwise.
An objection by the company to the nature or weight of wires, cables or pipes, or as to the manner in which the attachment or maintenance thereof is carried out, shall be referred to the Minister, whose decision thereon shall be final.
The provisions of the Public Authorities Limitation Act (Cap. 39) shall not apply to actions, prosecutions or other proceedings commenced against the company for any act, neglect or default in connexion with the bridge.
The Minister may make regulations generally for the better carrying out of the purposes of this Act and for the efficient working, management and control of the bridge, and particularly, but without prejudice to the foregoing, for—
prescribing, in accordance with the provisions of the agreement, the tolls payable for the use of the bridge, and for prescribing penalties for the evasion of tolls;
prescribing the uniform to be worn by officers of the company on duty in the bridge area;
prescribing the circumstances in which officers of the company or any other officers may refuse admission to the bridge;
providing for the control of traffic in the bridge area, including the provision of traffic signs and the imposition of a speed limit for vehicles, or of different speed limits for different classes or weights of vehicles.
The provisions of section 5, and of any regulations made under section 9 shall be in addition to, and not in derogation of, any other law for the time being relating to traffic on the roads.