'Hii pesa si ya mama yako': Governors tell Kenya Roads Board

Governors on Monday called on the Kenya Roads Board (KRB) to immediately disburse more than Sh10.5 billion in road maintenance funds to counties, following a landmark High Court ruling that affirmed their right to receive the Roads Maintenance Levy Fund (RMLF) directly.

The ruling, delivered on June 5, 2025, by Justice Lawrence Mugambi, declared several National Assembly resolutions unconstitutional and directed that the funds be released to counties by June 30, 2025.

“The court process was conclusive--the classification of roads is clear, and both levels of government have distinct mandates,” said Council of Governors (CoG) Chairperson Ahmed Abdulahi.

“There is absolutely no reason to continue withholding funds meant for county roads.”

Justice Mugambi quashed two(2) parliamentary resolutions--from September 2023 and August 2024--that had excluded counties from the RMLF and reclassified roads to remove them from county jurisdiction. He also declared Section 6 of the Kenya Roads Board Act unconstitutional for failing to recognise counties as beneficiaries of the fund.

The High Court found that the disputed actions violated Articles 6, 10, and 186 of the Constitution, as well as the Fourth Schedule, which sets out functions for both levels of government. Justice Mugambi also reaffirmed that road maintenance is a devolved function and that counties are entitled to an equitable share of revenue for the same.

“Counties must never again be denied their fair share of resources under the guise of road management,” said Mr Abdulahi. “The Constitution is clear on the equitable sharing of revenue, and we will not allow delays to hinder service delivery.”

Kakamega Governor Fernandes Barasa, who chairs the CoG Finance Committee, echoed the call for compliance, urging the National Treasury to also release Sh64 billion owed to counties in other pending disbursements before the end of the current financial year.

“We urge the national government to honour its obligation by releasing all pending funds,” said Mr Barasa. 

“This is money for roads, health, and water--essential services that our people cannot wait for.”

Mr Barasa further asked Treasury to extend the IFMIS closure deadline, to allow counties enough time to absorb the funds and avoid piling up pending bills.

The High Court ruling has been widely hailed as a significant victory for devolution. Several leaders, including senators and county executives, praised the decision as a milestone in affirming the autonomy and financial rights of counties.

“This judgement has slain the ghost of parliamentary supremacy over devolution,” one senator said in reaction to the verdict.

Legal experts and civic actors also noted that the ruling reinforces the principle of fiscal decentralisation and sets a precedent against the re-centralisation of county functions through legislation or executive action.

Road Classifications Agencies have also been directed to comply with court decision.