In a significant win for county governments, the High Court has suspended the National Assembly’s decision to exclude them from benefiting from the Road Maintenance Levy Fund (RMLF).
The interim order was issued by Justice Lawrence Mugambi, who presides at the Milimani Law Courts in Nairobi. The decision follows a legal challenge that questions the constitutionality of the parliamentary move.
The court’s suspension temporarily freezes Ksh 10,522,211,853 from the RMLF, which had been allocated to county governments for the 2024-2025 financial year. This freeze comes as a relief to county administrations, which rely on these funds for critical road maintenance projects.
The suspension is the result of a petition filed by Issa Chamao, Patrick Ekirapa, Paul Kirui, the International Legal Consultancy Group, and the Council of Governors. The petitioners argue that the National Assembly’s decision, made on August 13, 2024, to remove conditional grants derived from the RMLF, is unconstitutional. They contend that this move undermines the financial stability of devolved governments, which are mandated to manage and maintain local road networks.
Justice Mugambi recognized the urgency of the case and prioritized its hearing. He directed the National Assembly, along with the Kenya Roads Board, Treasury and Transport Cabinet Secretaries, Kenya Urban Roads Authority, Kenya Rural Roads Authority, and the Attorney General, to respond within 10 days. The next court hearing is scheduled for September 18, 2024.
In their legal arguments, the plaintiffs, represented by lawyer Peter Wanyama, emphasized that the National Assembly’s decision unlawfully deprives counties of essential funds for road maintenance—an area that falls squarely within their jurisdiction.
Wanyama argued that the Kenya Roads Act of 2007, which governs the allocation of road maintenance funds, is outdated and does not align with the current constitutional framework that supports devolution.
The petitioners pointed out that since the advent of devolution, counties have consistently received funds from the RMLF, totaling Ksh 50 billion between 2013 and 2023.
The abrupt withdrawal of these funds, they argued, would severely impair the counties’ ability to maintain their road infrastructure, a critical responsibility under the Constitution.
Additionally, the petitioners highlighted that the National Assembly’s decision was made without public participation or the Senate’s concurrence, rendering it legally and constitutionally questionable.
The case has sparked broader discussions about the financing of devolved government functions and the potential erosion of the financial autonomy of county governments.
As the legal proceedings continue, the outcome of this case will likely have significant implications for the future of devolution in Kenya and the equitable allocation of resources to county governments.
