County governments have received Ksh 3.68 billion in road maintenance funds after a Nairobi High Court ruling forced the national government to release the cash. The payment marks the first allocation from the Road Maintenance Levy Fund (RMLF) for the 2024/25 financial year. The funds represent 35% of the Ksh 10.52 billion the 47 counties had demanded from the National Treasury. The money had been withheld following decisions made by Parliament in September 2023 and August 2024 to exclude counties from the RMLF beneficiary list.
The High Court declared both actions unconstitutional, ruling that they violated key provisions of Kenya’s Constitution that protect devolution. The judgment cited breaches of Article 10 (national values), Article 118 (public participation), Article 186 (distribution of functions), and Section 18 of Part 1 of the Fourth Schedule.
“The decision by Parliament was a direct threat to devolution and an illegal interference with functions assigned to county governments,” the court based its ruling on June 2025.
Following the release, counties are required to submit detailed roadwork plans to the Kenya Roads Board (KRB) through regional offices located in Kisumu, Nyeri, Garissa, Eldoret, Isiolo, Nakuru, Kakamega, and Machakos. The deadline is Tuesday, August 12, 2025.
Nakuru County received the highest allocation at Ksh 183 million. Kitui followed with Ksh 152 million, and Makueni with Ksh 146.9 million. Other counties received proportionate amounts based on their assessed maintenance needs and road infrastructure status.
The Kenya Roads Board confirmed that the release complies with the court’s directive and aims to restore legal allocations under conditional grants. The board emphasized accountability and required counties to present specific project plans before further funds are considered.
The dispute over road funding is the latest in a series of fiscal rows between the two levels of government. County officials have repeatedly warned that denial of legally mandated grants undermines service delivery and frustrates constitutional functions assigned to devolved units.
The court’s intervention reinstates the role of counties in managing and maintaining local roads, which fall under their jurisdiction as per the Fourth Schedule of the Constitution.
This ruling is now seen as a major victory for devolution, with legal experts saying it reinforces judicial oversight on legislative decisions that affect constitutional mandates.
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