Council of Governors chairperson Anne Waiguru has issued an ultimatum to the National Assembly over the decision to sideline counties from the roads maintenance levy fund for fiscal years 2024/2025/2026.
The Kirinyaga Governor in a press statement noted that the decision by National Assembly on Roads Maintenance Levy Fund has excluded County Governments in allocations which is contrary to the Constitution.
As such, the CoG chairperson protested the decision by parliament arguing that it was contradictory to the resolutions agreed upon by the governors and President William Ruto during the National and County Governments Coordinating Summit.
In addition, Waiguru accused the MPs of allocating the contested funds to themselves, a move she notes is a violation of the constitution.
“The Council finds this decision by the National Assembly to completely exclude the county governments from Road Maintenace allocations,” she noted.
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According to Waiguru, the decision to lock out counties from the funds share undermines devolution.
She underscored that counties have the mandate to maintain all other roads apart from the National Trunk Roads placed under the purview of the national government.
“The Council notes with concern that the decision by the National Assembly which details the sharing formula of the Road Maintenance Levy Fund excludes County Government and is contrary to the constitution of Kenya 2010,” stated Waiguru.
As such, the governor demanded immediate review of the decision and an allocation of 20% of the Roads Maintenance Levy Funds for the counties, failure to which the council will take legal action.
Additionally, the council is demanding an inclusion of the amounts in the County Governments Additional Allocation Bill for financial year 2024/2025.
“I wish to note that the council will seek legal redress in court if the above recommendations are adopted immediately,” said Waiguru.
The Council is now asking the National Assembly to review the decision and have County Governments allocated not less than 20% of the Roads Maintenance Levy Fund (RLMF) in accordance with the Summit Resolution.
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According to the Council of Governors, County Governments had previously been allocated 15% of the Roads Maintenance Levy Fund between fiscal year 2015/2016 to 2020/2021 and further needed an increase to 20% which the National Assembly has not included in its amendments.
However, in the run to the decision to exclude county governments from the fund, MPs maintained the RLMF was a reserve of the national road agencies mandated to manage roads in Kenya.
In addition, the MPs accused governor of showing greed for the kitty. Instead, the MPs maintained that counties receive funds through appropriations from government and as such should use them in funding road projects.
