Building on a road reserve: what the law says
Kenya Roads Act, 2007 · sources read 2 Oct 2026
You may not put up any structure on, over or under a road reserve, or alter one, without the road authority's written permission. The authority can order you to remove it within at least 30 days, remove it at your cost if you don't, and you can face up to 1 year in jail, a KSh 100,000 fine, or both.
- Deadline
- A removal notice must give at least 30 days.
- Where
- KeNHA (national roads), KURA (city and municipal roads) or KeRRA (rural roads), depending on the road
Steps
- Find out which authority runs the road: KeNHA for national roads, KURA for roads in cities and municipalities, KeRRA for rural roads.
- Before building, fencing or putting anything on the road reserve, ask that authority for written permission.
- If you get a removal notice, it must give you at least 30 days. Remove the structure within the time stated, or the authority can remove it and charge you.
Watch out
- The authority can refuse permission; it is not automatic.
- If the authority removes your structure, it can recover the removal cost from you.
Who this covers
- Applies to every person or body, including businesses, landowners next to the road and kiosk owners.
Official sources (1)
- Kenya Roads Act (No. 2 of 2007) new.kenyalaw.org · read 2 Oct 2026