Opposition leader Raila Odinga on Friday reignited his battle with Members of Parliament over the Sh10 billion roads fund, even as the National Assembly and the Council of Governors prepare for a key meeting on Monday in a bid to resolve the standoff - with President William Ruto caught in the middle of the tussle.
Speaking during the burial of Francis Ngaru in Thika, Mr Odinga reiterated that roads are a devolved function and repeated his calls for the disbandment of the Kenya Urban Roads Authority (Kura) and the Kenya Rural Roads Authority (KeRRA).
“We only want the Kenya National Highways Authority (KeNHA) to deal with national trunk roads and national feeder roads. Other roads should be left to counties,” Mr Odinga said, referring to the fight over the Sh10.5 billion Roads Maintenance Levy Fund (RMLF).
He also criticised the ongoing implementation of President Ruto’s plans to construct markets and affordable housing units in counties.
“Let devolution work. Why are you building markets in counties? That is the job of governors. Why should you build affordable housing in counties? That is a devolved function,” he said, insisting that counties should receive at least 45 per cent of national revenue.
President Ruto had last month waded into the controversy, urging both MPs and governors to relinquish control of the fund to the national government, which he argued is better placed to manage it.
“I would like to ask these honourable members - I am aware there is an ongoing tussle between county governments and Parliament, especially over the road maintenance funds,” President Ruto said during Easter Sunday service in Ntulele, Narok County.
“If you leave the funds to me, I will organise plans to fund all these road projects. Because with that money, you end up building a small murram road from here to there, and after one day of rain, it’s all washed away.”
As the stalemate drags on, National Assembly Majority Leader Kimani Ichung’wah told the House that Parliament’s leadership will meet with the Council of Governors on Monday, 5 May 2025, in a bid to resolve the matter out of court.
“The House leadership has scheduled a meeting with the Council of Governors to deliberate on the matters arising from the case with the aim of reaching an out-of-court settlement,” Mr Ichung’wah said.
A similar meeting was held last week, where he reported that ‘good progress’ was made.
The Council of Governors, alongside Mr Issa Elanyi, Patrick Ekipara, Paul Kirui, and an international legal consultancy firm, sued the government, arguing that the National Assembly’s move to remove counties as beneficiaries of the fund was unconstitutional.
The petitioners said the decision had serious implications for the financing of devolved units. They further argued that it was made without public participation or consultation with the Senate, thereby undermining devolution.
The petition was heard on April 7, 2025, and judgment was expected on 28 April. However, before it was delivered, the parties agreed to suspend the judgment to allow for an out-of-court settlement and the completion of the legislative process on the County Additional Allocations Bill, 2025.
The court adopted the consent and ordered that the matter be mentioned on 19 May 2025 for an update on the negotiations.
In light of the ongoing talks, Mr Ichung’wah urged MPs to exercise caution in their public utterances regarding the fund to avoid jeopardising the process.
“It is important that when you are in a negotiation process, we are very measured in what we do or say,” he said.
Last week, National Assembly Speaker Moses Wetang’ula told the House that initial talks between Parliament’s leadership and the Council of Governors were fruitful, reassuring MPs about the fund.
“With regard to the matters in contention, I affirm that you are safe, you are secure, and everything is proceeding well. ,” Mr Wetang’ula said.
