BY ROBERT WANYONYI.

President William Ruto’s recent appeal for governors and Members of Parliament to “cease squabbling over the roads levy funds and allow me to utilize them judiciously” has ignited a contentious political and constitutional discourse, particularly concerning the devolution of governance.

At the heart of this escalating debate lies a protracted struggle between county administrations and the National Assembly over control of the multibillion-shilling _Roads Maintenance Levy Fund (RMLF).The crux of the disagreement stems from contrasting interpretations of constitutional provisions regarding the authority to manage the billions collected from motorists at fuel stations—a dispute further complicated by an ongoing legal battle.

The RMLF, levied at Sh18 per litre of petrol and diesel, is administered by the Kenya Roads Board (KRB); to finance the maintenance and rehabilitation of the country’s road infrastructure. Historically, these funds have been allocated to national road agencies such as the Kenya National Highways Authority (KeNHA),Kenya Urban Roads Authority (KURA) and Kenya Rural Roads Authority (KeRRA).

However, with the advent of devolution, governors have argued that their counties, being responsible for the majority of road networks, deserve a larger share of the RMLF resources to effectively manage local infrastructure.Conversely, Members of the National Assembly have resisted calls to transfer fund management to counties, citing their constitutional mandate to oversee national resources.Senators on a joint committee mediating the RMLF dispute have dismissed demands from the National Assembly to compel governors to withdraw a pending court case over the funds.

Senator Ali Roba, co-chair of the committee, emphasized the importance of safeguarding devolution while seeking pragmatic solutions.“Expecting senators to align on the governance of the Roads Maintenance Levy Fund is unrealistic. Our mediation efforts are focused on achieving balanced resolutions that uphold the principles of devolution,” Roba stated.Meanwhile, Members of Parliament maintain that the current centralized structure of RMLF management must remain intact.

Kakamega Governor Fernandes Barasa cautioned that denying counties equitable access to the roads levy would severely undermine service delivery at the grassroots level.“Counties are the primary touch points for the people. The President’s remarks have been perceived by governors as a direct challenge to the spirit of devolution,” Barasa asserted.

Last week, Governor Anyang’ Nyong’o of Kisumu issued a scathing critique of President Ruto’s administration, accusing it of eroding devolution and attempting to reverse the progress achieved since the 2010 constitutional reforms.

Nyong’o argued that national agencies such as KURA and KeRRA are redundant if devolution is fully implemented.“If the national government is genuinely committed to devolution, entities like KURA and KeRRA should cease to exist,” Nyong’o remarked.He further accused the government of reverting to a centralized governance model reminiscent of the Nyayo era, which Kenyans decisively rejected during constitutional reforms.“The Ruto administration’s push for centralized control of public resources reflects a return to patronage-driven schemes and primitive accumulation tactics,” Nyong’o alleged.

EDITOR’S PICK!

The ongoing contention over the RMLF highlights broader national debates surrounding the equitable distribution of resources and the delineation of responsibilities between national and county governments.