Ichungwa sustains push on county bosses over road funds, NG-CDF » Capital News
NAIROBI, Kenya Nov 27 – National Assembly Majority Leader Kimani Ichung’wah has sustained the push to the Council of Governor to withdraw the case on the Roads Maintenance Levy Fund (RLMF) describing the move is unwarranted and only derailing rehabilitation of roads across the country.
Ichungwa implored the county bosses to cease litigations in court on monies administrated by road agencies including the Kenya Urban Roads Authority (KURA) and Kenya National Highway Authority (KENHA) to ensure the funds are disbursed.
“I want to beseech the Governors to drop the cases in court, those cases are not helping them, they are not helping the country. They are simply holding services and the rehabilitation of roads around the country in ransom because governors want more money,” he noted.
Justice Lawrence Mugambi froze the funds until the county bosses’ case is heard and determined and further suspended the National Assembly’s decision in August not to recognize governors as beneficiaries of the funds managed by the Kenya Roads Board.
County Bosses have challenged the constitutionality of the National Assembly to deny the county governments funds collected from taxes for the purpose of maintaining roads yet county roads fall under their jurisdiction.
The Majority Leader dismissed assertions that legislators are encroaching on executive function arguing that they are the most suitable to offer meaningful oversight on road projects delivery on the Sh 10.5 Billion kitty.
“Give in on the fuel levy and we will support you in anything you want to do. Stop pitting yourselves in a fight with MPs, they have not business to do with roads. These MPs are the first point of call when roads are dilapidated, the governors are nowhere to be seen,” Ichungwa said.
Seconding the mediated version on the Division of Revenue Bill 2024 which capped the equitable share at Sh 387 Billion, the Kikuyu MP castigated governors saying no visible development progress was being witnessed in counties despite billions disbursed every financial year.
“This insatiable thirst should come with service delivery. My problem with many of our governors is that resources that trickle to our counties are not commensurate with service delivery to the people,” Ichungwa averred.
“This the mediation committee went into the revenue allocation matter with clean hands and good faith and even has ceded to resources. The budget chair can tell you these resources are not there and we are hoping with passage of tax amendment bill will avail these resources,” he added.
Ichungwa alluded with no evidence that county bosses were behind the NG-CDF case pointing to the nexus of the legal team representing COG as interested parties in the case versus those representing them in the roads maintenance levy fund case.
“The Council of Governors had a huge role to play in the courts on the NG-CDF matter. We know who were the sponsors of the NG-CDF case and you can see the nexus of even the advocates that represent the parties in court on the NG-CDF matter and those that represent the COG on other matters,” he said.
Members of Parliament suffered a major blow after the High Court withdrew the billions they use for development and other purposes in their constituencies.
High Court judges Kanyi Kimondo and Roselyn Aburili declared that the National Government Constituency Development Fund (NG-CDF) is unconstitutional.
This means that from next year if the ruling stays, MPs will not have access to the kitty.According to them, the constituency is not a delivery unit. They were of the view that allocating funds leads to the waste of taxpayers’ money.
They also ruled that MPs failed to consult the Senate to develop the new law. They were of the view that it should end by June 30, 2026.
The National Assembly had said that it will appeal the High Court decision by applying for the stay of the declaration of the unconstitutionality of the NGCDF Act, pending the hearing and determination of the intended Appeal.
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