GOVERNORS SET TO BE IN CHARGE OF BILLIONS MEANT FOR ROADS

Counties could receive part of the Road Maintenance Levy Fund (RMLF) under the Kenya Roads (Amendment) Bill, 2025. The Bill, sponsored by Homa Bay Town Member of Parliament (MP) Peter Kaluma, seeks to restructure how Kenya manages its road network.
The Departmental Committee on Transport and Infrastructure, chaired by Ndia MP George Kariuki, was briefed on the Bill on August 12, 2025. It is rooted in the principles of devolution and equitable development and seeks to align the Kenya Roads Act, Cap. 408 with the Constitution of Kenya, 2010, specifically paragraph 5(a) of Part 2 of the Fourth schedule.
The Bill amends Section 6 of the Kenya Roads Board Act, Cap. 408A, to re-apportion the RMLF. New allocations include 5% of RMLF funds to county governments under Article 202(2).
It also adjusts the national agencies’ shares by reducing the National Highways Authority’s allocation from 40% to 36%
For Accountability and Oversight, the County governments must designate a roads department, maintain a special account at the Central Bank, submit an annual roads programme and comply with national standards.
The Bill is a direct response to the judgment in High Court Petition No. E423 of 2024, Council of Governors and 4 others vs. National Assembly and 8 others.
On June 5th, 2025, Justice Lawrence Mugambi ruled that excluding county governments from the Road Maintenance Levy Fund (RMLF) was unconstitutional.
The court found that such exclusion violated Article 186 and Part I of the Fourth Schedule of the Constitution, undermining the spirit of devolution.