NAIROBI, Kenya Jan 28 – National Assembly Majority Leader Kimani Ichung’wah has implored Members of Parliament and Governors to reach an agreement on the Road Maintenance Levy Fund (RMLF) to unlock the stalemate on funds allocations to devolved units.
Speaking during a retreat in Naivasha attended by legislators to deliberate the Fourth session of the House Legislative calendar, Ichung’wah called for expediency in resolving the matter through an alternative dispute resolution mechanism.
“I implore the Parliamentary Service Commission to reach out to the Council of Governor for alternative dispute mechanism,” he said.
Control over the Road Maintenance Levy Fund (RMLF) has been a sticky issue that has delayed the enacting of the County Governments Additional Allocation Bill, (CARA) 2024, which distributes revenue raised by the national government among the county governments.
During the 9th national and county government coordinating summit held in 2023 in Naivasha, it was agreed to have the funds reinstated to counties from the financial year 2024/25 with an allocation of 20 per cent.
Lawmakers, however, went against this and excluded county governments from the fund for FY 2024/25 and 2025/2026.
Aggrieved by the decision, on August 16 last year, the Council of Governors (CoG) and other parties filed a petition, challenging the National Assembly’s decision to remove County Governments as beneficiaries of the Road Maintenance Levy Fund (RMLF).
The High Court issued interim conservatory orders suspending this decision and freezing Sh10.5 billion in RMLF funds, pending a hearing in March 2025.
The National Assembly moved to court opposing the petition and went further to file an urgent application to lift the orders which has delayed the mediation process on the CARA bill.
“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reverts to using the County Allocation of Revenue Bill for additional county allocations, the High Court petition be withdrawn, and all stakeholders commit to resolving disputes through alternative mechanisms,” the Majority Leader said.
County Bosses have challenged the constitutionality of the National Assembly to deny the county governments funds collected from taxes for the purpose of maintaining roads yet county roads fall under their jurisdiction.
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