Wamuzi News Ke
A sweeping legislative shift has just cleared Parliament, effectively guaranteeing county governments a direct share of the Road Maintenance Levy Fund (RMLF) under the Kenya Roads (Amendment) Bill, 2025.
The bill obligates national authorities to relinquish previous control and empower devolved units with resources, responsibility, and oversight for maintaining county roads. The changes, hailed by governors as a victory for devolution, also ignite urgent questions about accountability, infrastructure priorities, and legal compliance.
Counties Get Legal Rights to Allocate RMLF Money.
The amendment introduced by Homa Bay Town MP Peter Kaluma is a direct response to months of legal battles, public outcry, and a High Court ruling that declared the exclusion of counties from the RMLF unconstitutional.
The new law mandates that at least 5 percent of total levy collections be reserved for counties—funds that will no longer be filtered solely through national road agencies. Under the revisions:Counties must establish a dedicated road maintenance department.
A special purpose account will be opened in the Central Bank of Kenya to receive and manage RMLF allocations to each county. Counties will submit annual road programmes to the Kenya Roads Board six months before each fiscal year begins—projects that conform to national guidelines.
Legal Precedent Forces Action.
The new bill builds on a landmark High Court ruling by Justice Lawrence Mugambi in June 2025, which stated that excluding county governments from RMLF allocations violated the Constitution—particularly the Articles governing devolution (186) and resource sharing.
As a result of the court order, KSh 3.68 billion was released from the RMLF earlier this fiscal year to counties, representing 35 percent of the KSh 10.52 billion figure that counties had long claimed was owed to them.
What This Means for Counties.
For county governments, the changes are both a long-overdue financial lifeline and a challenge:The infusion of funds will enable maintenance, rehabilitation, and even expansion of county and rural roads, many of which have deteriorated or become impassable.
Counties must now meet higher standards—planning, procurement and adhering to uniform national road standards will come under scrutiny.Political leaders will be measured against results: projects will need transparency and traceable impact to avoid accusations of misuse.
Counties including Nakuru, Kitui, Makueni, Kiambu, and Nairobi are already major beneficiaries of the recent disbursements. Even smaller counties, previously marginalized in RMLF allocations, now have legal claim to a share of the pie.
National Concerns, Rising Stakes.
While counties celebrate, observers warn of broader implications:The shift reduces control by national agencies like KeNHA, KeRRA, and KURA, sparking tensions over jurisdiction, standards, and oversight.
Fuel levies—which fund RMLF—have been controversial as pump prices rise; political backlash is possible if citizens feel overtaxed without seeing road improvements.The capacity of some county governments to efficiently execute road maintenance remains uncertain. Poor planning, corruption, and procurement delays could undermine anticipated gains.
