NAIROBI, Kenya – The National Government is headed into a collision with the Council of Governors (CoG) after the county chiefs demanded the immediate release of monies meant for the Roads Maintenance Levy Fund (RMLF).
Addressing the press in Nairobi on Monday, June 9, 2025, the governors petitioned the Kenya Roads Board (KRB) to respect a High Court ruling that allowed counties to get the RMLF funds.
CoG chairperson Ahmed Abdulahi said he had written to the KRB to release the funds forthwith, stating there was no need to continue holding the funds, yet it is clear through the court process that resulted in the judgement made that the classification of roads is clear and both levels of government have clear jurisdiction.
These monies are already frozen by the court. From where I sit, I believe that the KRB can disburse that money today, and they should know that I have written to them today to demand the release of that Sh10.5 billion in line with the court decision,” said Governor Abdulahi.
Abdulahi, the Wajir governor, in demanding the release of the funds, has also had his say at the National Assembly, saying they were in clear contravention of the constitution in denying counties the funds, and thus, they should stick to their mandate as opposed to fighting over resources that are meant for the counties.
“So, all we want to ask our brothers and sisters in the National Assembly is to respect the constitution. This is because our inability to respect the constitution and the laws that we make for ourselves is partly what is contributing to the mistrust of the governors’ system that we have and the distrust that the public has in the country’s leadership,” he stated.
How the road levy funds should be disbursed
Moving forward, the CoG says the right of counties to maintain roads that are in their jurisdiction should not be toyed with and used as a tool to also deny counties their equitable share of national resources, shared between the two levels of government, as had been witnessed in a protracted battle that saw the courts as a clear arbiter.
“This matter of RMF, we have been saying it as CoG that the classification of roads is a constitutional matter. The 2010 Kenyan Constitution has classified roads into two classes only, the national trunk roads and county government roads, and we have continued to say all this time that if you are going to tax Kenyans at the pump, can you split the money between the national trunk roads and the county government roads and give us our portion of the Roads Maintenance Levy Fund (RMLF) related to county government roads?” explained Governor Abdulahi.
He indicated that whatever amount the national government collects can be projected based on the number of cars and consumption; there is a trend.
“So, it is very simple; just give the counties the portion relating to county roads, period. And keep the portion relating to the national government roads at the national government level. We shall not ask the national government what they are doing with their portion, but just give us our portion,” he added.
What does the law say about Kenyan roads
The county boss wondered whether there should be a pull and pull between the two levels of government over the matter.
“Honestly, you don’t have to be a lawyer to appreciate that. If the constitution clearly says these are the county roads and these are the national trunk roads, and you are charging every Kenyan at the pump to maintain roads, isn’t it common sense that the portion to maintain the county roads should go to the national government? That’s all,” explained Governor Abdulahi.
He took a swipe at those opposed to the CoG idea, accusing them of hiding behind Acts of Parliament.
“These Acts of Parliament preexisted the constitution because, to the extent that they disagree with the constitution, they become unconstitutional. The constitution is superior to any other law,” stated Governor Abdulahi.
Last week, Justice Lawrence Mugambi of the Milimani High Court mandated the disbursement of approximately Sh10.5 billion from the RMLF to county governments by June 30, 2025. This decision overturns prior attempts to withhold these funds, emphasising the counties’ entitlement to their share.
Why county governors are a worried lot
KRB is responsible for executing this disbursement. This ruling ensures that funds allocated for road maintenance are directed to the intended recipients, supporting infrastructure development at the county level.
Consequently, Kakamega Governor Fernandez Barasa wants the National Government to release Sh64 billion owed to counties before the end of the financial year.
“We are almost closing the financial year for the 2024/2025 cycle, and we have almost Sh64 billion that is outstanding to counties. What we want to urge the National Treasury is to make sure that they expedite the release of these funds because we don’t want to cross the financial year with pending bills,” said Governor Barasa.
Governor Barasa, who also chairs the CoG Finance, Planning, and Economic Affairs Committee, wants the National Government to extend the IFMIS closure period once the funds are released to enable counties to absorb the funds to avoid pending bills
“Lastly, we are also requesting that, because we are likely to receive this money late in the month, an extension to close the IFMIS by three weeks to allow counties to absorb the funds that would have been released late,” explained Governor Barasa.
