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Senators, governors gang up against MPs in Sh10.5 billion roads kitty feud

Road construction

Road construction along the Mombasa-Mazeras-Mariakani Highway on December 18, 2024. 

Photo credit: Wachira Mwangi | Nation Media Group

Senators have sided with governors in the fight for the control of Sh10.5 billion Roads Maintenance Levy Fund (RMLF), telling Members of the National Assembly to drop their quest for it.

Members of the Senate Finance Committee have said they will not support any proposals in the County Governments Additional Allocations Bill, 2025, currently before the House, without RMLF.

Senators told Members of the National Assembly not to even imagine they would have control over the fund.

The committee chairman, Ali Roba, in a meeting with the Council of Governors, urged their colleagues in the National Assembly to stick to their legislative role and not venture into functions meant for the devolved units.

“Members of the National Assembly who have legislative functions want to turn themselves into contractors. If this happens, then the Senate will be irrelevant,” Mr Roba said.

“If the position of the National Assembly is that they want to control that money, then it won’t happen under the watch of the Senate,” he added.

Mr Roba said: “Anyone thinking that they can control the RMLF is actually overthinking.”

Kakamega Senator Boni Khalwale said the money should be controlled by governors, saying MPs just want it for corruption purposes.

Council of Governors Chairman Ahmed Abdullahi said the matter is in court, expressing confidence that the outcome will be to their favour.

Looting by governors

“We leave it to the court, we believe facts are on our side,” Mr Abdullahi said.

Members of the National Assembly last week vowed never to let go of the fund, warning governors that they will consider the allocations Bill without allocations to RMLF.

National Assembly Majority Leader Kimani Ichung’wah said they are protecting the Sh10 billion RMLF from being looted by the governors.

“As a House, we will process the additional county revenue Bill without RMLF and let me tell them, it will not pass on the floor of this House. RMLF is a live wire in this House that you will never touch,” Mr Ichung’wah said.

The lawmakers say they will only include the levy fund in the Bill if the Council of Governors withdraw the case in court.

The new position taken by Senators throwing their support behind governors is likely to create a wedge between the two Houses, further escalating the tension over the control of the funds.

Mr Ichung’wah had termed the RMLF as a ‘live wire’ in the House that no one should even imagine touching.

Kenya Roads Board

The law stipulates that the Kenya Roads Board (KRB), which collects up to Sh100 billion annually from fuel levy, is required to allocate at least 22 percent of RFML and road toll collections for use in the development and upkeep of roads in all the constituencies.

It is also required to allocate 10 per cent to the Kenya Rural Roads Authority (KeRRA) for maintenance of link roads within constituencies.

Senators argued that money used by governors has a proper channel of being audited as compared to that sent to MPs hence, the fund should be under the control of the county chiefs.

Members of the National Assembly have insisted that governors are not doing any roads in the counties, saying most of the infrastructure projects are undertaken by the National government and Kenya Rural Roads Authority then the county chiefs take credit.

The lawmakers argue that they cannot point out any road in the constituencies done by governors.

As the leaders fight over the control of the money and the case in court, it means no money can be released hence the public who deserve good roads continue to suffer.

With the short rains expected soon, most roads in various parts of the country will be impassable as the MPs and governors continue to flex their superiority muscles.