Governors have threatened to move to court over the National Assembly's decision to deny county governments resources to manage key roads at the devolved units.
Through the Council of Governors chairperson Anne Waiguru, governors said previous meetings with the President at the Summit had agreed that counties be allocated the money in the 2024-25 financial year.
Governors had been enjoying allocations from the Roads Maintenance Levy Fund (RMLF) until the 2020-21 financial year as conditional grants.
County governments had previously been allocated 15 per cent of the RMLF during the period.
The money was later incorporated in the equitable revenue share beginning the 2021-2022 financial, bringing to an end the conditional grants under the (RMLF).
Waiguru said that the governors had a meeting with the president in February in Naivasha and agreed to have the RMLF reinstated to counties from the financial year 2024-25 with an allocation of 20 per cent.
"I wish to note that the Council will seek legal redress in Court if the above recommendations are not adopted immediately," Waiguru said.
Waiguru said the move amounts to undermining devolution because MPs have been allocated money from the same kitty despite "clear constitutional provisions and agreement at the Summit".
The governors asked MPs to consider reviewing the decision and have County Governments allocated not less than 20 per cent of the RLMF.
This, Waiguru said, is in accordance with the Summit resolutions
The governor said the money should be included in the county government's additional allocation Bill for the financial year 2024-25.
In its report tabled in the house on Thursday, the National Assembly Committee on Transport said that the decision of the submit to allocate governors to the RMLF will wait for conclusive deliberations.
The committee observed that while an intergovernmental technical committee met on August 8, 2023, and agreed on a roadmap, the same consultations are yet to be concluded.
"The decision of the meeting was not concluded and it was agreed that IGRTC engages key stakeholders for further consultations," the committee observed.
The IGRTC had made a proposal that the Ministry of Roads review and amend the Kenya Roads Board Act to include allocations to county governments.
The meeting also agreed that the Ministry of Roads review the classification of roads to align with the reviewed law.