Key infrastructure projects in counties stall as governors, MPs clash over Sh10.5bn roads levy

Council of Governors Chairperson Anne Waiguru at a past meeting. (Photo: CoG)

By Lucy Mumbi
Tuesday, March 18, 2025

The dispute has continued to affect service delivery in counties, with key infrastructure projects stalled due to delayed disbursement of funds.

Governors have declined to withdraw a case challenging the national government’s use of the Sh10.5 billion Roads Maintenance Levy Fund to fund road projects in counties, arguing that the allocation of the funds must adhere to constitutional provisions on devolution.

The dispute has continued to affect service delivery in counties, with key infrastructure projects stalled due to delayed disbursement of funds.

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Senators have thrown their weight behind the county bosses, warning that they may push for a review of the Constituency Development Fund (CDF) if Members of Parliament continue frustrating counties over the roads kitty.

Appearing before the Senate County Public Accounts Committee (CPAC) on Monday, former chairperson of the Council of Governors (CoG), Anne Waiguru reaffirmed that governors would not abandon the legal battle, emphasising the importance of upholding constitutional principles.

“We are not going to withdraw the case of RMLF because it is a legal and constitutional issue. If someone feels that a certain governor is not utilizing the money for roads, there is an audit process to address that. But that cannot justify disregarding the law to fit personal preferences,” Waiguru said

The Kirinyaga Governor warned that governors would not allow the National Assembly to undermine devolution and were prepared to face any consequences to protect county interests.

“We must stand firm and ensure that the foundation of the 2010 Constitution, which is devolution, is not eroded. If we have to pay the price for this, so be it,” she added.

Waiguru further pointed out that the dispute extends beyond the roads fund, highlighting that counties are being denied other critical conditional grants totaling over Sh40 billion.

These include Sh3.24 billion for community health promoters, Sh1.75 billion for settling striking health workers’ salary arrears, Sh116 million in court fines, billions in mineral royalties, and Sh10.5 billion for county aggregation and industrial parks.

“We are talking about the entire envelope of conditional grants. For Kirinyaga alone, this is Sh1.2 billion that should be going to provide essential services on the ground,” she said.

Nairobi Senator Edwin Sifuna backed the governors, suggesting that if MPs continue blocking the release of RMLF, senators could challenge the CDF, which remains a key resource for legislators.

“If they want to hold counties hostage, then we will also go after what they hold dear, and that is CDF. We cannot allow MPs to act like contractors, running around the country claiming to build roads when the Constitution is clear on which level of government is responsible,” Sifuna said.

Homa Bay Senator Moses Kajwang’ cautioned that the standoff is affecting more than just the Sh10.5 billion roads fund, noting that about Sh61 billion remains in limbo due to the impasse.

“The National Assembly has made it clear that even if we amend the schedule to exclude RMLF, they will still not approve it unless CoG withdraws the court case. That is their precondition,” Kajwang’, who chairs CPAC said.

He warned that the prolonged deadlock is frustrating donors who have provided resources through grants and loans but are unable to see them utilized due to bureaucratic hurdles.