National Assembly, Senate clash over control of Sh10.5 billion road maintenance fund
The County Governments Additional Allocation Bill, which includes the RMLF, has stalled at the mediation stage after a rift between the two Houses of Parliament.
A heated dispute has emerged between the National Assembly and the Senate over the County Governments Additional Allocation Bill, 2024, which aims to inject billions into the Kenyan economy.
The disagreement centres on the control of the Sh10.5 billion Road Maintenance Levy Fund (RMLF), with lawmakers seeking to take charge of the funds, sidelining county governments.
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The RMLF is integral to road development and maintenance, with the Kenya Roads Board (KRB) mandated by law to allocate at least 22 per cent of the fund, along with toll revenues, for road upkeep in all constituencies.
Additionally, 10 per cent of the fund is earmarked for the Kenya Rural Roads Authority (KeRRA) to maintain link roads within constituencies.
The County Governments Additional Allocation Bill, which includes the RMLF, has stalled at the mediation stage after a rift between the two Houses of Parliament.
The National Assembly has removed county governments as beneficiaries of the RMLF, prompting backlash. The Bill includes additional allocations funded by development partners’ loans or grants, as well as conditional allocations from the National Government’s share of revenue for the financial year 2023/2024.
Due to disagreements, the Bill lapsed after both Houses failed to reconcile their versions within the stipulated 30-day period, which ended on December 25 last year. This has led to the suspension of key programmes, including the Integrated Industrial Parks, vital to the Kenya Kwanza administration.
As the deadlock continues, members of the National Assembly’s mediating team are pushing for the Council of Governors (CoG) to withdraw a petition challenging the National Assembly’s decision to remove county governments from the RMLF allocation.
The CoG and other parties filed the petition, resulting in the High Court issuing interim orders that temporarily halted the allocation of the Sh10.5 billion RMLF, pending a hearing in March.
In response, the National Assembly has opposed the petition and filed an urgent application to lift the orders, which will be heard in February 2025.
Clarify disbursement
Meanwhile, Senators are advocating for the removal of RMLF provisions from the Bill, urging the courts to clarify the proper disbursement of the funds.
Senate Finance Committee members, including Senators Boni Khalwale (Kakamega), Eddy Oketch (Migori), and Richard Onyonka (Kisii), have accused the National Assembly of deliberately stalling the Bill’s passage.
“The MPs are not satisfied with the NG-CDF kitty. They are still dying to control RMLF. There is no other reason. Objectively, that money should be left to the governors. But because they have remained adamant, let the courts decide,” Khalwale said.
Oketch described the National Assembly’s actions as unconstitutional, accusing MPs of “pure greed” and undermining county governments.
“It is unconstitutional for MPs to try to control RMLF. They are sabotaging the functions of the County governments. We will not allow MPs to control RMLF because that is not their function,” he said.
Onyonka, meanwhile, raised concerns over the allocation of funds for road construction to MPs, arguing that road maintenance is the responsibility of county governments.
“RMLF is being abused. All money for the construction of roads is being abused. The money being allocated to the roads agencies should be given to the counties to maintain the rural roads,” he said.
The CoG has strongly contested the National Assembly’s decision, asserting that county governments, which manage local roads, should be entitled to the RMLF funds.
Wajir Governor Ahmed Abdullahi also the CoG chairperson, emphasised that while the Constitution recognises National Trunk roads, it also recognises the rights of counties to manage and maintain their roads.
“The National Government should have retained KeNHA while all other monies for the construction and maintenance of roads should have been given to Counties as an equitable share or as conditional grants,” Ahmed said.
CoG has called for an end to the deadlock to release more than Sh45 billion in conditional grants from development partners, which are currently blocked due to the impasse.
“We have suggested all manner of ways through dialogue to unlock County Governments Additional Allocation. Further delay will hamper the implementation and absorption of the conditional grants from the development partners,” Ahmed added.
National Assembly Majority Leader Kimani Ichung’wah has also called for a resolution between MPs and governors to lift the stalemate over RMLF and enable the full allocation of funds to devolved units.
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