Nairobi – In a ruling that reasserts the power of Kenya’s devolved governments, the High Court has ordered the release of more than Sh10.5 billion to counties for road maintenance. The decision comes after Parliament withheld the funds in a move now deemed unconstitutional.
Justice Lawrence Mugambi declared that the National Assembly’s decision to exclude counties from the Road Maintenance Levy Fund (RMLF) violated multiple provisions of the Constitution, including those protecting devolution.
“The principle is simple and clear,” Justice Mugambi said in his ruling. “Resources must follow functions.”
The court nullified a 2024 directive that had denied counties access to the RMLF for two consecutive financial years 2024/25 and 2025/26 and also declared Section 6 of the Kenya Roads Board Act, 1999 unconstitutional. That section had been used by lawmakers to justify centralised control over the funds.
The Kenya Roads Board must now disburse the Sh10.5 billion to the 47 county governments by 30 June 2025.
The case, brought by a group of petitioners including county leaders and civic organisations, argued that the withdrawal of the grants undermined the 2010 Constitution. They pointed to Articles 6, 10, and 186, which clearly define the division of functions between national and county governments road maintenance among them.
“This wasn’t just about money,” said one county official who spoke on condition of anonymity. “It was about respect for the law and ensuring that counties can carry out the responsibilities they’re given.”
The National Assembly had argued that the decision to withdraw the funds was made within its mandate and under existing law. But Justice Mugambi rejected that stance, stating that Parliament’s move “flies in the face of the spirit of devolution.”
Legal experts have called the ruling a major win for county governments, many of which have long complained of underfunding for key infrastructure projects. Roads, particularly in rural areas, have deteriorated sharply amid funding shortfalls.
“This is a big moment for devolution,” said constitutional lawyer Wachira Maina. “The court has drawn a line, making it clear that Parliament cannot sidestep constitutional obligations, however well-intentioned it claims to be.”
It’s not the first time disputes over funding have made their way to court, but few have attracted as much national attention. The outcome is likely to set a precedent for how conditional grants are handled in future.
The Kenya Roads Board, which oversees road funding, has yet to issue a public response. However, it is now legally bound to disburse the full amount to counties before the end of the current fiscal year.
As counties prepare their budgets, the court’s decision may come as a lifeline and a warning to national institutions not to overreach.
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