President William Ruto has weighed in on the ongoing tussle between MPs and county governors over the control of the Roads Maintenance Levy Fund (RMLF).
Speaking on Sunday in Narok County, April 20, Ruto urged both sides to let the national government take charge of the contentious kitty.
In his appeal to both MPs and governors, the head of state called for unity in managing the levy to make it more efficient.
“I want to ask MPs and governors who are here; I know there is a dispute over the Roads Maintenance Levy Fund between counties and Members of Parliament. If you leave the roads maintenance levy fund to me, I can get more money for constructing all the roads.
"I'm asking you, although it's not mandatory, to accept that proposal so that we can use that money in ways that can benefit Kenyans," he said.
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The RMLF dispute standoff is centered on the control of approximately Ksh10.5 billion earmarked for road maintenance.
Until 2021, county governments received conditional grants from the RMLF amounting to 15% between the 2015/16 and 2020/21 financial years.
The grants were incorporated into the equitable revenue share, effectively ending direct allocations to counties.
In February 2023, during the 9th National and County Government Coordinating Summit, chaired by Ruto, a resolution was made to reinstate the RMLF conditional grants to counties, proposing a 20% allocation starting from the 2024/25 financial year.
However, in September 2023, the National Assembly decided to remove county governments as beneficiaries of the RMLF.
Subsequently, MPs introduced the Kenya Roads Board (Amendment) Bill, 2024, aiming to mandate consultations between the Kenya Roads Board (KRB) and the National Government Constituency Development Fund (NG-CDF) committees on road projects.
In response, the Council of Governors (CoG), led by Kirinyaga Governor Anne Waiguru, condemned the decision, labeling it unconstitutional and a direct affront to devolution.
"I wish to note that the Council will seek legal redress in Court if the above recommendations are not adopted immediately," she said at the time.
The CoG went ahead and filed a petition in the High Court challenging the exclusion of counties from the RMLF allocations.
Justice Lawrence Mugambi issued conservatory orders freezing the disbursement of the disputed Ksh10.5 billion, pending the determination of the case.
The court found that the petition raised substantial constitutional and legal issues warranting immediate intervention.
Notably, senators have aligned with the governors, asserting that the National Assembly's actions undermine the Senate's role in safeguarding devolution.
"If the position of the National Assembly is that they want to control that money, then it won't happen under the watch of the Senate. Anyone thinking that they can control the RMLF is actually overthinking," Mandera Senator Ali Roba said.
