|
Getting your Trinity Audio player ready...
|
County governments are set to share out Ksh 10.52 billion from the Roads Maintenance Levy (RMLF) following a ruling by the High Court of Kenya.
In a judgment made today by Justice Lawrence Mugambi , the High Court declared that the decision of the National Assembly to exclude county governments as beneficiaries of the conditional grants derived from the fund was unconstitutional.
On September 28, 2023 and August 13, 2024, Members of Parliament removed county governments as beneficiaries of the RMLF in financial years 2024/25 and 2025/26 which the court ruled undermines devolution.
The decisions were also ruled unconstitutional for violating Article 10, 118, 186 and Section 18 of Part I of Fourth Schedule of the Constitution.
As a result of National Assembly’s decision, counties were denied the proceeds of the funds which are used to maintain roads across the country.
Justice Mugambi also declared that the current classification of roads in the country undermine devolution.
“A declaration is hereby issued the classification of public roads as national roads, rural and urban roads under Section 47 of the Kenya Roads Act, No. 2 of 2007 as read with First Schedule of the Kenya Roads Act No. 2 of 2007 – not only undermines the objectives of the devolution but is also unconstitutional for violating Article 186 and Section 18 of Part I of Fourth Schedule of the Constitution,” said Justice Mugambi in his judgment.
The Kenya Roads Board is now required to disburse Ksh 10.52 to county governments by June 30, 2025.
