Senate vows to help end row over roads

By Roselyne Obala

Kenya: The Senate has pledged to intervene in the stalemate between the national Government and the counties over the transfer of the roads functions to counties.

Governors insist the national Government must cede the devolved functions, and have demanded equal distribution of fuel levy and Mechanical and Transport Fund.

Senate Majority leader Kithure Kindiki, Senate Committee on Transport, Roads and Infrastructure chairman Abu Chiaba and Devolution Chairman Kipchumba Murkomen backed the county bosses, saying road functions that have been devolved by law must be released to counties, accompanied by resources.

The legislator, however, noted that the Executive and counties are still using the old classification of roads. They said the Roads Bill, 2014 will give a specific definition and classification of county and national trunk roads.

“The new legislation will clearly classify county and national trunk roads and address this notion that the national Government is plotting to retain functions and resources meant for counties,” said Prof Kindiki.

He said the Bill will be committed to the relevant committees of the two Houses, to deliberate on and propose amendments.

Governors have faulted the national Government on the proposed classification of roads, which retains Class A, B and C at the national level, while D and E and others at the counties.

Counties want the Kenya Rural Roads Authority and Kenya Urban Roads Authority to be under their jurisdiction, a position opposed by Transport Cabinet Secretary Michael Kamau.

Council of Governors chairman Isaac Ruto and the Council’s Transport committee chairman cautioned that denying counties the roads function will put them at loggerheads with constituents, who will not understand that the functions belongs to the national Government.

“We are going to jointly look at the legislation and ensure the functions belonging to counties are transferred to them,” said Chiaba.

Murkomen said according to the new legislation, the Transition Authority will be required to unbundle the functions. “The Constitution only recognises national trunk roads and county roads,” he said.

He said Senate has pushed for the transfer of Class D and E and all the unclassified roads to counties, while the national Government retains Class A, B and C.

Greater responsibility

Kindiki nevertheless argued that the national Government retaining major road function is advantageous to the counties, as governors will not be over burdened by the functions.

“We do not want to load counties with too much functions. They already have a greater responsibility to initiate development,” he said.

The Majority Leader said county assemblies and Parliament will work together to pass a new legislation that will benefit both levels of government.

Murkomen said the contentious Class C function can be debate upon, but affirmed that the Kenya Rural Roads Authority and Kenya Urban Roads Authority and Kenya Wildlife Service roads will remain national Government function.

Kindiki concurred with Murkomen, saying the draft Bill, by the ministry remains a proposal and therefore it is up to Parliament to legislate on the matter.

On the issue of fuel levy and Mechanical and Transport Fund, the legislators argued that once the roads function are resolved, the funds will be disbursed in the revenue allocation.

“We are going to discuss the fuel levy and the fund. The resources should benefit all,” said Chiaba.