Governors and MPs locked in bitter battle over Sh10 billion road repairs fund

The fate of the Road Maintenance Levy Fund (RMLF) remains uncertain as Members of Parliament and governors clash over control of the Sh10 billion meant for road repairs.

MPs have vowed to block any allocation unless governors withdraw a court case challenging its management. The standoff has escalated, with MPs insisting they will not pass the County Governments Additional Allocations Bill, 2025, unless the dispute is resolved.

Members of Parliament have categorically stated that they will not approve any allocation to the RMLF unless the Council of Governors (CoG) withdraws its legal challenge over the fund.

The contentious issue is currently stalling the County Governments Additional Allocations Bill, 2025, which is under consideration in the National Assembly.

Majority Leader Kimani Ichung'wah maintained that legislators are determined to safeguard the Sh10 billion fund from what they perceive as potential misuse by governors.

Live wire

"As a House, we will process the additional county revenue Bill without RMLF, and let me tell them, it will not pass on the floor of this House. RMLF is a live wire in this House that you will never touch," Ichung'wah said.

He further emphasised that they would engage with the Senate leadership to ensure that no amendments are made to include RMLF in the Bill, warning that such a move would lead to a legislative impasse.

"We will consult with the leadership of Senators so that no senator will even imagine amending that Bill to introduce RMLF because it will end up in a stalemate that will go nowhere," he added.

Ichung'wah revealed that Deputy President Kithure Kindiki, as the chairperson of the Intergovernmental Budget and Economic Council (IBEC), has been urged to intervene and persuade governors to withdraw the case.

"There is no reason why Sh10 billion would be lying idle at a time we are about to get into the period of long rains and Kenyans will be crying about bad roads and lack of access to markets just because governors want to control the money," he said.

Withdraw court case

National Assembly Minority Leader Junet Mohamed echoed similar sentiments, asserting that MPs would block the Bill as long as the CoG remained in court over the fund.

"On this one, we will put our foot down. We will not pass that Bill with the RMLF money. If they don't want to withdraw the case, the Bill will get stuck here and won't go anywhere," Junet warned.

He further cautioned governors against underestimating MPs.

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"I want to tell the Council of Governors, don't joke with MPs; they have been elected just the same way as you."

Minority Whip Millie Odhiambo weighed in, vowing to take on the governors head-on, accusing them of overstepping their constitutional mandate by handling bursaries.

"We know the Council of Governors, under the Fourth Schedule, has no constitutional mandate to give bursaries, but because we know it's helping, we have closed our ears. However, if they want to take over roads that serve our people, then let us go to the Constitution. If they want to bring the war, let them bring it on, we are ready," Odhiambo said.

Counties additional allocation

Ainabkoi MP Samuel Chepkonga insisted that governors will only receive their share of the additional allocation if they withdraw the court case.

"We want to tell the CoG to withdraw that case so that they can be able to get their money, which is more than Sh10 billion. We are all from constituencies, yet I have never seen any Council of Governors maintaining or repairing roads in my constituency," Chepkonga said.

However, Council of Governors Chairman Ahmed Abdullahi dismissed the threats from MPs, arguing that RMLF was specifically established for road maintenance at both levels of government.

"The move amounts to a selfish attempt by members of the National Assembly who seek to control national government agencies that construct roads which have been constitutionally assigned to county governments," Ahmed said.

He urged other stakeholders, including the Senate, civil society groups, county governments and the public, to hold the National Assembly accountable and stop what he described as "a malicious attempt to prevent counties from benefiting from RMLF."

The Kenya Roads Board (KRB) collects up to Sh100 billion annually from the fuel levy and is legally mandated to allocate at least 22 per cent of the RMLF and road toll collections for road development and maintenance in constituencies.

Additionally, 10 per cent of the fund is allocated to the Kenya Rural Roads Authority (KeRRA) for the maintenance of link roads within constituencies.