Governors threaten to sue National Assembly over road maintenance funds

Ongoing construction of Kenol- Sagana - Marwa highway. [Mose Sammy, Standard]

The Council of Governors has threatened to move to court if the National Assembly does not review decision excluding counties from Road Maintenance Levy Fund.

While terming the move unconstitutional, COG Chairperson Anne Waiguru said excluding county governments from the revenue sharing formula of the Road Maintenance Levy Fund it undermines devolution.

Speaking in Nairobi today, Waiguru said the constitution clearly assigns National Trunk Roads to the national government and all other roads to the county governments.

She said the 9th National and County Government Coordinating Summit held on February 11, 2023, in Naivasha chaired by President William Ruto agreed to have Roads Maintenance  Levy Fund Conditional Grant reinstated to county governments from the 2024/2025 financial year with an allocation of 20 per cent.

“Despite this clear constitutional provision and a further intergovernmental engagement and agreement at the apex intergovernmental structure, the Council finds this decision to completely exclude the county governments from Road Maintenance Levy Fund unacceptable,” said Waiguru.

She said that it was a matter of concern that counties have been sidelined by the National Assembly in the allocations of the Road Maintenance Levy Fund while allocating the same to Members of Parliament terming it unconstitutional and geared towards undermining devolution.

Waiguru said counties have previously been allocated 15 per cent of the Roads Maintenance Levy Fund between 2015/2016 to 2020/2021 financial years wondering why Members of Parliament were keen to take away the fund from the counties.

She called on the National Assembly to review the decision and have County Governments allocated not less than 20 per cent in accordance with the Summit Resolution and inclusion of the amounts in county governments Additional Allocation Bill for 2024/2025 financial year.

“I wish to state that the Council of Governors will seek legal redress in court if the National Assembly fails to adopt the recommendations we have made immediately to rectify what we consider as attempts to claw back at the gains made by devolution,” said Waiguru.