National Assembly Majority Leader Kimani Ichung'wah, Speaker of the National Assembly Moses Wetang'ula and Minority Leader Junet Mohamed in Naivasha, Nakuru county on January 29, 2025/National AssemblyThe National Assembly is now rooting for alternative dispute resolution mechanisms to unlock the impasse surrounding the Sh10.5 billion Road Maintenance Levy (RMLF).
MPs are currently embroiled in a tussle with the Council of Governors (COG) over the funds, with the High Court having frozen it.
Speaking in Naivasha during the opening of the midterm retreat for MPs, National Assembly Majority Leader Kimani Ichung’wah said the orders have delayed the mediation process.
This, he added, has halted the progress on the County Governments Additional Allocation Bill, 2024.
“I implore the Parliamentary Service Commission to reach out to the Council of Governors for alternative dispute mechanisms,” he said.
He added: “To resolve the impasse, it is proposed that Parliament reverts to using the County Allocation of Revenue Bill for additional county allocations.”
“The High Court petition be withdrawn, and all stakeholders commit to resolving disputes through alternative mechanisms under the Intergovernmental Relations Act, 2012.”
The dispute over the funds dates back to September 28, 2023, when the MPs removed the counties as beneficiaries, citing Section 6 of the Kenya Roads Board Act of 1999.
This is contrary to an agreement reached between the MPs and the COG during the 9th National and County Governments Coordinating Summit on February 11, 2023.
During the meeting attended by President William Ruto and the 47 county bosses, it was resolved that the counties receive funds from RMLF in the 2024/25 financial as conditional grants.
The COG and other parties felt aggrieved and filed a petition on August 16, 2024.
The High Court issued interim conservatory orders suspending this decision and freezing the funds pending the hearing in March 2025.
These orders halted progress on the County Governments Additional Allocation Bill, 2024, which includes the RMLF allocation, delaying the mediation process.
In response, the National Assembly opposed the petition and filed an urgent application to lift the orders, set to be heard in February 2025.
According to the law, the Kenya Roads Board (KRB) is required to allocate at least 22 per cent of RFML and road toll collections for use in the development and upkeep of roads in all the constituencies.
KRB collects up to Sh100 billion annually from fuel levy.
It is also required to allocate 10 per cent to the Kenya Rural Roads Authority for maintenance of link roads within constituencies.
