Showdown looms as counties, MPs clash over Road Maintenance Levy Fund
The Committee on Transport and Infrastructure has rejected governors’ calls for a minimum 15 per cent allocation, instead backing a five per cent share for counties.
A heated political showdown is looming as county governments clash with MPs over the share of the Road Maintenance Levy Fund (RMLF) allocated to devolved units.
The Committee on Transport and Infrastructure has rejected governors’ calls for a minimum 15 per cent allocation, instead backing a five per cent share for counties, setting the stage for intense parliamentary debates and potential legal battles.
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The committee, chaired by Ndia MP George Kariuki, outlined its position in a report on the Kenya Roads (Amendment) (No 3) Bill, 2025, tabled in the National Assembly on Tuesday.
The Bill seeks to implement a High Court ruling that found the current road funding and classification framework unconstitutional for sidelining counties.
In its submission, the Council of Governors (CoG) argued that the proposed five per cent allocation was far below what is required, stressing that counties manage more than 81 per cent of the country’s road network, which spans over 121,000 kilometres.
“The allocation to county governments should not be less than 15 per cent of the total collections from the levy,” the CoG stated, citing constitutional principles on equitable revenue sharing.
Supporting the governors’ stance, the Institute of Engineers of Kenya (IEK) warned that a five per cent allocation would fail to maintain the extensive county road network.
IEK suggested a nine per cent allocation, noting: “County roads form more than 121,000km out of 161,000km nationally, which is around 81 per cent of the roads. An allocation of five per cent will not have much impact on the maintenance of these roads.”
Despite these submissions, the parliamentary committee dismissed the proposals, arguing that five per cent is sufficient for counties to fulfil their mandate, provided the funds are used transparently.
The committee emphasised that the Kenya Roads Board must maintain oversight to ensure fiscal responsibility, a move that governors say undermines county autonomy.
The CoG had proposed limiting KRB’s role to financial accountability, leaving technical oversight to counties or the Senate.
The committee, however, insisted the board is legally empowered to oversee the entire road network and safeguard proper use of the fund.
Disagreements extend beyond finances to the road classification authority. The Bill gives the Cabinet Secretary for Transport sole power to classify and reclassify all public roads, including county roads.
The CoG strongly opposed this centralisation, citing Article 186 and the Fourth Schedule, and recommended a joint mechanism involving both national and county governments.
The emerging conflict underscores ongoing tensions between national and county governments over devolved responsibilities, raising the prospect of continued disputes over revenue allocation, oversight, and decision-making on road infrastructure.
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