Kenya’s county governments have scored a major win after the National Treasury released Sh3.68 billion from the Road Maintenance Levy Fund (RMLF), marking a critical step toward restoring devolved units’ road maintenance budgets. This disbursement, made on June 30, represents 35 percent of the total Sh10.52 billion allocated to counties for the 2024-25 financial year.
The move follows a High Court ruling that deemed the exclusion of counties from the RMLF unconstitutional. The judgment came after the Council of Governors (CoG), alongside several MPs, petitioned against the National Assembly’s decision to remove counties from the fund in the 2024-25 and 2025-26 fiscal years.
High Court Judge Lawrence Mugambi ruled that the exclusion violated counties’ constitutional mandate to maintain roads within their jurisdictions. “The continued disbursement of the RMLF to national road agencies to the exclusion of county governments is discriminatory and unconstitutional,” the court stated.
The ruling also directed that the Kenya Roads Act and the Kenya Roads Board Act be amended within 12 months to align with the Constitution. It further mandated a comprehensive reclassification of all roads to clearly define national versus county responsibility.
Despite the Treasury’s partial compliance, the CoG, led by Chairperson Mutula Kilonzo Jnr., insists on full disbursement. “They released 35 percent, but we are fighting for the entire amount,” he affirmed. The National Assembly had reportedly sought to retain 65 percent of the fund through a negotiated consent, which the CoG rejected.
Significantly, the Senate has upheld the full Sh10.52 billion allocation for counties in the 2025 County Governments Additional Allocations Bill, currently under debate. The Senate’s position reinforces the principle of equitable revenue sharing and the autonomy of county governments.
This development marks a landmark moment for Kenya’s devolution framework. The court’s firm stance not only restores counties’ rightful access to crucial infrastructure funds but also sets a precedent for protecting devolved functions from encroachment by national institutions. As the legal and political dust settles, county governments can now plan with renewed confidence to maintain and upgrade their road networks.
