The Council of Governors through the Chairperson and Kirinyaga County Governor Anne Waiguru has threatened to sue Parliament of Kenya protesting the Financial Year 2024/2025 and FY 2025/2026 road maintenance levy fund ceilings set by Parliament.
In a statement, the CoG noted that the decision by the National Assembly which details the sharing formula of the Road Maintenance Levy Fund excludes County Governments and is contrary to the constitution of Kenya 2010 which assigns National Trunk Roads to the County Governments.
‘The Council of Governors attention has been drawn by the decision of the national Assembly on the ceilings for Roads Maintenance Levy Fund for the Financial years 2024/2025 and 2025/2026’
the statement read in part.
Previously, County Governments have been allocated 15% of the Roads Maintenance Levy Fund between financial years 2015/16 and 2020/21.
The CoG Chairperson stated that despite the clear constitutional provisions and a further intergovernmental engagement and agreement at the apex intergovernmental structure (The Summit), the council finds the decision by the National Assembly to completely exclude the county governments from Roads Maintenance Levy Fund allocations, while allocating the same to Members of Parliament as unconstitutional and geared towards undermining devolution.
‘The 9th National and County Government Coordinating Summit held on 11th February 2023 in Naivasha and chaired by H.E the President of the republic of Kenya William Samoei Ruto agreed to have the Roads Maintenance Levy Fund conditional Grant reinstated to County Governments from Financial Year 2024/2025 with an allocation of 20%,’
Governor Waiguru noted in her statement.
The Council of Governors now wants the National Assembly to review the decision and allocate not less than 20% of the Roads Maintenance Levy Fund (RLMF) in accordance with the Summit Resolution. Further, the CoG wants the National Assembly to include the amounts in the County Governments Additional Allocation Bill for Financial Year 2024/2025.
‘ I wish to note that the Council will seek legal redress in court if its recommendations are not adopted immediately,’
Governor Waiguru concludes.