Mtwapa Bridge Act

352
THE MTWAPA BRIDGE ORDINANCE, 1959
No. 42 of 1959
Date of Assent: 3rd November, 1959
Date of Commencement: 17th November, 1959
ARRANGEMENT OF SECTIONS
St TION
Preamble. 1—Short title. 2—Interpretation. 3—Ratification of agreement. 4—Operation of bridge. 5—Power of company's officers. 6—Access to bridge for inspec-
tion and testing. SECTION
7—Wires, cables and pipes. 8--Exception from provisions of
Cap. 63. 9—Regulations. 10—Application of traffic law. SCHEDULE
AN ORDINANCE TO RATIFY AND PROVIDE FOR
CARRYING OUT AN AGREEMENT BETWEEN
THE GOVERNMENT OF THE COLONY AND
PROTECTORATE OF KENYA AND MTWAPA
BRIDGE LIMITED RESPECTING A BRIDGE
OVER THE MTWAPA CREEK, AND FOR
PURPOSES INCIDENTAL THERETO AND CON-
NECTED THEREWITH.

TECTORATE OF KENYA AND MTWAPA
BRIDGE LIMITED RESPECTING A BRIDGE
OVER THE MTWAPA CREEK, AND FOR
PURPOSES INCIDENTAL THERETO AND CON-
NECTED THEREWITH.

WHEREAS the Government of the Colony and
Protectorate of Kenya and Mtwapa Bridge Limited, a limited
liability company having its registered office at Nairobi in the
said Colony and Protectorate, have entered into an agreement,
a copy of which is set out in the Schedule to this Ordinance,
subject to ratification by the Legislature of the said Colony
and Protectorate:
AND WHEREAS it is desirable to ratify and provide for
carrying out the said agreement :
BE IT THEREFORE ENACTED by the Legislature of the
Colony and Protectorate of Kenya, as follows : -
Short title. 1. This Ordinance may be cited as the Mtwapa Bridge
Ordinance, 1959. Interpretation. 2. In this Ordinance—
"agreement" means the agreement a copy of which is
set out in the Schedule to this Ordinance;
"bridge" means the bridge which the company is
authorized by the agreement to operate;

t a copy of which is
set out in the Schedule to this Ordinance;
"bridge" means the bridge which the company is
authorized by the agreement to operate;

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1959 Mtwapa Bridge No. 42
"bridge area", 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—
(a) 300 feet in a northerly direction from the north face
of the north anchor blocks, and
(b) 500 feet in a southerly direction from the south face
of the south anchor blocks;
"company" 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. 3. Subject to the provisions of this Ordinance the agree-
ment is hereby ratified and approved. 4.

ght under
the proviso to clause 1 of the agreement. 3. Subject to the provisions of this Ordinance the agree-
ment is hereby ratified and approved. 4.

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—
(a) pedestrians;
(b) wheeled vehicles having an individual rolling load not
greater than forty tons and with no single axle load
greater than twelve and one-half tons;
(c) animals under the effective control of their custodians :
Provided that—
(i) 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;
(ii) where any person in charge of cattle on foot wishes
to cross the bridge with such cattle and the
immediate volume of wheeled traffic is such that,
in the opinion of an officer of the company, sub-
stantial inconvenience will be caused by such
crossing, he may require such person to delay the
crossing until permission therefor is given by such
officer. 5.

inconvenience will be caused by such
crossing, he may require such person to delay the
crossing until permission therefor is given by such
officer. 5.

Every 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 con-
Ratification of
agreement. Operation of
bridge. Power of
company's
officers.

ontrolling
traffic, keeping order and preventing obstructions as are con-
Ratification of
agreement. Operation of
bridge. Power of
company's
officers.

354
No. 42 Mtwapa Bridge 1959
Cap. 27. No. 79 of 1948. Access to
bridge for
inspection
and testing. Wires, cables
and pipes. Exception from
provisions of
Cap. 63. Regulations. ferred upon police officers by sections 28 and 31 of the
Criminal Procedure Code and section 28 of the Police Ordin-
ance, 1948, and in respect of the exercise of such powers any
act which if done in relation to a police officer would con-
stitute an offence shall, if done in relation to such officer of
the company, be deemed to constitute the like offence and
to render the offender liable to the penalties prescribed
therefor. 6. After giving reasonable notice to the company of his
intention so to do the Minister may cause the bridge to be
inspected and tested in such manner as he may think proper,
and the company shall make available for any such inspection
or test without charge such equipment and facilities as it may
possess. 7.

think proper,
and the company shall make available for any such inspection
or test without charge such equipment and facilities as it may
possess. 7.

(1) It shall be lawful for the East African Posts and
Telecommunications Administration or the Government to
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 to maintain them, without payment
to the company whether in respect of wayleave, toll or other-
wise. (2) Any objection by the company to the nature or
weight of such 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. 8. The provisions of the Public Officers Protection
Ordinance shall not apply to actions, prosecutions or other
proceedings commenced against the company for any act,
neglect or default in connexion with the bridge. 9.

not apply to actions, prosecutions or other
proceedings commenced against the company for any act,
neglect or default in connexion with the bridge. 9.

The Minister may make regulations generally for the
better carrying out of the purposes of this Ordinance and for
the efficient working, management and control of the bridge,
and particularly, but without prejudice to the said generality,
for—
a) 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 such
tolls;

rdance with the provisions of the
agreement, the tolls payable for the use of the bridge,
and for prescribing penalties for the evasion of such
tolls;

355
1959 Mtwapa Bridge No. 42
(b) prescribing the uniform to be worn by officers of the
company on duty in the bridge area;
(c) prescribing the circumstances in which officers of the
company or any other officers may refuse admission
to the bridge;
(d) 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. Application of
traffic law. 10. 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. SCHEDULE
(Section 2)
AGREEMENT
AN AGREEMENT made the Third day of March One thousand nine
hundred an fifty-nine BETWEEN THE GOVERNMENT OF THE COLONY AND
PROTECTORATE OF KENYA (hereinafter called "the Government") of
the one part and MTWAPA BRIDGE LIMITED a limited liability company
having its registered office at Mombasa in the Protectorate of Kenya
(hereinafter called "the Company" which expression where the context
so admits shall include its successors and assigns) of the other part.

e of Kenya
(hereinafter called "the Company" which expression where the context
so admits shall include its successors and assigns) of the other part.

WHEREBY IT IS AGREED as follows :-
1. Subject to the provisions of this Agreement the Government
hereby grants to the Company the sole right to operate a suspension
bridge over the Mtwapa Creek Malindi Road under a toll system
PROVIDED THAT the Company may assign such right subject to the
previous written consent of the Government such consent not to be
unreasonably withheld. 2. The Company shall have the right to operate the said Bridge
for a period of Twenty years from the Twentieth day of June One
thousand nine hundred and fifty-eight (hereinafter called "the
commencement date") PROVIDED ALWAYS that the Government shall
have the right on giving one years previous notice in writing to
purchase on the expiration of the fifth eighth eleventh or fourteenth
year of the said period the Bridge and its ancillary buildings on
payment of a sum calculated at the rate of Three thousand pounds
for each year of the said period of Twenty years unexpired at the
date of purchase and in addition the sum of Seventy-seven thousand
pounds. 3.

pounds
for each year of the said period of Twenty years unexpired at the
date of purchase and in addition the sum of Seventy-seven thousand
pounds. 3.

The Government shall have the right on giving five years
previous notice in writing to purchase on the expiration of the said
period of Twenty years the bridge and its ancillary buildings on
payment of the sum of Seventy-seven thousand pounds.

se on the expiration of the said
period of Twenty years the bridge and its ancillary buildings on
payment of the sum of Seventy-seven thousand pounds.

356
No. 42 Mtwapa Bridge 1959
4. If the right contained in Clause 3 hereof shall not be exercised
then the Government will grant to the Company on terms not less
favourable to the Company than those contained in this Agreement
the right to operate the bridge under a toll system for such further
period and subject to such conditions (including an option for the
Government to purchase the Bridge and its ancillary buildings) as
shall be agreed according to the circumstances existing at the time. 5. The Company shall not be responsible for any roadway
construction work beyond the abutments of the bridge nor for any
moving or levelling of earth except that which may be necessary
in connection with the said abutments or the foundations of the
bridge. 6.

nor for any
moving or levelling of earth except that which may be necessary
in connection with the said abutments or the foundations of the
bridge. 6.

The Government having by the commencement date finished
the approach roads to a standard capable of taking the same volume
and weight of traffic as the bridge will at all times maintain the same
to such standard PROVIDED THAT in the event of the capacity of the
bridge being increased with the prior agreement in writing of the
Government to take a larger volume and weight of traffic at any
time the Government will increase the capacity of the approach roads
as may accordingly be necessary. 7. The Government having reduced the ferry service operating
across Mtwapa Creek to not more than one hand operated ferry
boat will not during the continuance of this Agreement (except at
such times as the bridge is closed to traffic for any reason) operate
or permit the operation of any other ferry service across Mtwapa
Creek without the prior written consent of the Company. 8.

ic for any reason) operate
or permit the operation of any other ferry service across Mtwapa
Creek without the prior written consent of the Company. 8.

During the continuance of this Agreement the Government
will not (except at such times as the bridge is closed to traffic for
any reason) without the prior written consent of the Company use
or permit the use within a distance of Ten miles from the site of the
bridge of any other crossing over Mtwapa Creek or over any river
flowing into Mtwapa Creek if such crossing would diminish the
traffic using the bridge. 9. The Company shall on giving to the Government Thirty days
written notice of such its intention have the right to close the bridge
from time to time for such period as shall be necessary to carry out
repairs and maintenance PROVIDED THAT in cases of emergency the
bridge may be closed without such notice having been given but the
Government shall be notified in writing of such closure as soon as
may be practicable thereafter. 10.

ed without such notice having been given but the
Government shall be notified in writing of such closure as soon as
may be practicable thereafter. 10.

(a) The initial toll rates which may be charged by the
Company shall be those set out in Column one of the table contained
in the Schedule hereto and the same shall be subject to revision by
agreement between the parties at the end of the first year of operation
of the bridge PROVIDED THAT such revised toll rates shall not be less
than those set out in the said column one. (b) The revised toll rates mentioned in subclause (a) of this Clause
shall continue to be charged by the Company for a period of Five
years and at the end of such period and at the end of every three
years thereafter the toll rates shall be revised on the basis of the

period of Five
years and at the end of such period and at the end of every three
years thereafter the toll rates shall be revised on the basis of the

357
1959 Mtwapa Bridge No. 42
daily average number of toll paying vehicles excluding bicycles
tricycles and motor cycles crossing the bridge during the immediately
preceding Twelve months as shown by the figures at the foot of
columns one two and three respectively of the said table. 11. The Company shall permit to cross the bridge without payment
of tolls all vehicles owned by the Government, The East Africa High
Commission and the Armed Forces of the Imperial Government
bearing "O.H.M.S." "E.A.H.C." "W.D." "K.A.R." or "B.F." number
plates or any other number plates indicating that the vehicle is the
property of the Government of Kenya or the United Kingdom being
on official duty and carrying passes to that effect PROVIDED ALWAYS
that in the event of a state of emergency arising and resulting in the
use of the bridge predominantly by military vehicles the position of
the Company in regard to the expense of operating the Bridge
including depreciation maintenance and a reasonable return to the
Company's shareholders shall be a matter to be negotiated between
the parties. 12.

e
including depreciation maintenance and a reasonable return to the
Company's shareholders shall be a matter to be negotiated between
the parties. 12.

Any dispute or difference arising out of the provisions of
this agreement including in particular but not by way of limitation : —
(a) any failure to agree on the conditions of the renewal of this
Agreement under the provisions of Clause 4 hereof,
(b) the revision of toll rates under the provisions of Clause 10
hereof,
(c) the negotiations mentioned in the proviso to Clause 11 hereof,
shall be settled by arbitration in accordance with the provisions of the
Arbitration Ordinance (Cap. 22) or any statutory enactment in that
behalf for the time being in force. IN WITNESS WHEREOF Trevor Charles Colchester duly authorized
on behalf of the Government has hereunto set his hand and affixed his
seal and the Common Seal of the Company has been hereunto affixed
the day and year first above written. THE SCHEDULE HEREINBEFORE REFERRED TO
TABLE OF TOLLS
Description Column 1 Column 2 Column 3
Sh. cts. Sh. cts. Sh. cts. 1. Pedestrian 0 10 0 10 0 10
2. Cattle, per head 0 20 0 20 0 20
3. Bicycle or tricycle, not equip-
ped with mechanical means of
propulsion 0 20 0 20 0 20
4. Motor cycle, being motor
vehicle with less than four
wheels, the unladen weight of
which does not exceed 8 cwts.

means of
propulsion 0 20 0 20 0 20
4. Motor cycle, being motor
vehicle with less than four
wheels, the unladen weight of
which does not exceed 8 cwts.

0 50 0 50 0 50
5. Motor car, being a privately
owned passenger motor
vehicle, designed for the
carriage of not more than six
passengers, including the
driver .. 2 00 1 50 1 00

ar, being a privately
owned passenger motor
vehicle, designed for the
carriage of not more than six
passengers, including the
driver .. 2 00 1 50 1 00

358
No. 42 Mtwapa Bridge 1959
TABLE OF TOLLS—(Contd.)
Description Column 1 Column 2 Column 3
Sh. cts. Sh. cts. Sh. cts. 6. Taxicab, commercial vehicle
or station wagon (including
any motor car similarly
adapted), the permitted laden
weight of which does not
exceed 30 cwts. 2 50 2 00 1 50
7. Lorry, being a motor vehicle
with not more than two axles,
constructed or adapted for the
carriage of goods or burdens
of any description in connec-
tion with any trade, business
or agriculture, the permitted
laden weight of which exceeds
30 cwts. but does not exceed
eight tons 3 50 3 00 2 50
8. Heavy lorry, being a lorry with
more than two axles, or a
lorry with two axles having a
permitted laden weight in
excess of eight tons .. 7 00 5 00 5 00
9. Motor omnibus, being a motor
vehicle designed or adapted
for the carriage of more than
six persons .. 5 00 4 00 4 00
10. Trailer, the permitted laden
weight of which—
(a) does not exceed 30 cwts. 2 50 2 00 1 50
(b) does not exceed 8 tons .. 3 50 3 00 2 50
(c) exceeds 8 tons .. 7 00 5 00 5 00
11. Oil tanker, bulldozer, grader
or any vehicle not elsewhere
in this schedule specified .

ons .. 3 50 3 00 2 50
(c) exceeds 8 tons .. 7 00 5 00 5 00
11. Oil tanker, bulldozer, grader
or any vehicle not elsewhere
in this schedule specified .

10 00 7 00 7 00
Daily Number of vehicles 200 400 600
SIGNED SEALED AND DELIVERED
by the said TREVOR CHARLES
COLCHESTER in the presence
of :-
1
T. C. COLCHESTER. S. F. BAILEY. j
SEALED with the Common Seal
of MTWAPA BRIDGE LIMITED in
the presence of :—
N. W. JAMBLIN,
Director. E. S. BURNHAM,
Secretaries. Queensway Trustees Ltd. J