NAIROBI, Kenya — Governors are demanding 42 per cent of the Roads Maintenance Levy Fund (RMLF), arguing that counties manage the bulk of Kenya’s road network and should receive a larger allocation to align with constitutional mandates.
Appearing before the Senate Roads, Transport and Housing Committee on Tuesday, the Council of Governors (COG) said the current 5pc allocation is inadequate for effective maintenance of county roads.
“When counties are responsible for over three-quarters of the road network, allocating only five per cent of the levy cannot be justified,” Kiambu Governor and COG Transport Committee Chairperson Kimani Wamatangi told the committee, chaired by Migori Senator Eddy Oketch.
According to the Kenya Roads Register 2024, counties manage 182,092 kilometres—76.15pc of the country’s 239,122-kilometre road network.
Court ruling and legal reform
The dispute follows a June 2025 High Court ruling that declared the exclusion of counties from direct RMLF allocation unconstitutional. The Court of Appeal subsequently gave Parliament until July 2026 to amend the law to avert disruption of road maintenance funding.
Wamatangi argued that the existing legal framework predates the 2010 Constitution. The Kenya Roads Act established three national agencies—Kenya National Highways Authority, Kenya Urban Roads Authority, and Kenya Rural Roads Authority—before devolution redefined road functions.
Under the Constitution, national trunk roads fall under the national government, while county roads are exclusively managed by county governments.
Bill proposes five per cent
The Kenya Roads (Amendment) (No. 3) Bill, sponsored in the Senate by Majority Leader Aaron Cheruiyot, proposes allocating five per cent of the levy to counties and reclassifying roads into National Trunk Roads and County Roads.
In the 2024/25 financial year, levy collections totalled Sh119.7 billion, meaning counties would receive about Sh6 billion under the current proposal.
COG’s counter-proposal would allocate 40pc to national trunk roads, 22pc from the former Constituency Roads Fund directly to counties, 10pc for inter-constituency roads to counties, and 15 per cent for urban roads—split between national and county functions.
One per cent for roads in national parks would be co-managed, while two per cent for administration would remain unchanged.
“The levy is a dedicated user-pay fund collected from motorists and cannot be replaced by general equitable share allocations,” Wamatangi said.
Structural reforms
Beyond funding, governors are seeking structural changes, including amending the Kenya Roads Board Act to grant counties representation on the Board and scrapping Constituency Roads Committees. They also backed merging KURA and KeRRA, citing recommendations from past reform reports and a January 2025 Cabinet decision.
Wamatangi dismissed concerns about county capacity, saying most counties already maintain roads despite limited funding.
He urged senators to exercise their mandate under Article 96 to protect devolution, arguing that motorists expect services from the government closest to them.
The Bill remains before the Senate Committee and will proceed to plenary debate after review.
