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<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on August 15, 2025, 8:58 am</div><div id="pl-7570"  class="panel-layout" ><div id="pg-7570-0"  class="panel-grid panel-no-style" ><div id="pgc-7570-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-7570-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
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	<p dir="ltr" data-pm-slice="0 0 []">On Thursday, August 14, 2025, Kenyan Members of Parliament (MPs) strongly opposed proposed amendments to the Kenya Roads (Amendment) Bill, 2025, criticizing Roads and Transport Cabinet Secretary Davis Chirchir for attempting to redirect the Road Maintenance Levy Fund (RMLF) from its primary purpose of road development to administrative functions. The MPs expressed concerns over the legality and necessity of allocating 1.5 percent of the RMLF to the State Department of Roads and reserving an additional 10 percent for what the Ministry described as "critical interventions." They warned that such diversions could undermine the fund's core objective and set a dangerous precedent for future misuse.</p>
<p dir="ltr">The parliamentary session took place before the National Assembly’s Committee on Transport and Infrastructure, chaired by Ndia MP George Kariuki. The committee was reviewing the Kenya Roads (Amendment) Bill, 2025, a private member’s bill sponsored by Homa Bay Town MP Peter Kaluma. Cabinet Secretary Chirchir, accompanied by Roads Principal Secretary Joseph Mbugua, presented the Ministry’s submissions, proposing amendments to align the bill with national infrastructure development goals. However, the MPs challenged several of these proposals, particularly those related to the RMLF’s allocation.</p>
<p dir="ltr">One of the most contentious issues was the Ministry’s proposal to allocate 1.5 percent of the RMLF to the State Department of Roads for monitoring, evaluation, and quality assurance audits. Chirchir argued that this allocation would ensure adherence to national road standards through effective oversight mechanisms. Additionally, the Ministry sought to retain 10 percent of the RMLF for "critical interventions," a term that drew significant scrutiny from the lawmakers.</p>
<p dir="ltr">Nyaribari Chache MP Zaheer Jhanda questioned the definition and role of the "Roads Department" in this context, asking whether this allocation would create a parallel funding structure outside the oversight of the Kenya Roads Board. Jhanda further highlighted that no state department in Kenya currently receives operational funding outside the National Treasury, making the proposed 1.5 percent allocation unprecedented. He pressed Chirchir to justify why the Roads Department required special funds for operations, emphasizing that such a move lacked legal grounding.</p>
<p dir="ltr">Committee chair George Kariuki also demanded clarity on the criteria for defining "critical interventions" under the proposed 10 percent retention. He stressed the need for clear guidelines to prevent potential misuse of the funds, urging the Ministry to maintain transparency and accountability. The MPs unanimously agreed that the RMLF should remain dedicated to road maintenance and development, rejecting any diversions for administrative purposes.</p>
<p dir="ltr">Beyond the funding dispute, the Ministry proposed changes to road classification and signage. One key amendment was to revise Section 47B (1) of the bill to require public roads to display signage indicating their classification, road code, and the level of government responsible for their maintenance, rehabilitation, and development. Chirchir argued that this change would enhance transparency and accountability by clearly identifying road management responsibilities.</p>
<p dir="ltr">The Ministry also suggested redefining Secondary National Trunk Road C as "Roads linking major designated towns and forming a continuous network with A and B roads." This proposal raised concerns among MPs, particularly those representing marginalized regions. Wajir North MP Abdi Saney voiced strong objections, warning that the new definition could exclude areas without designated towns, such as parts of Northern Kenya. Saney passionately argued that such a change would perpetuate the marginalization of these regions, urging the committee and the Cabinet Secretary to prioritize development in these underserved areas.</p>
<p dir="ltr">Chirchir acknowledged that RMLF allocations to road agencies had been reduced to allow county governments to participate in road maintenance efforts. He explained that a portion of the fund would be used under a securitization model to accelerate the completion of ongoing road projects. This model aims to leverage future revenues to finance current infrastructure development, addressing delays in contracted projects. However, MPs remained skeptical, insisting that any financial adjustments must prioritize road development over administrative costs.</p>
<p dir="ltr">The rejection of the Ministry’s proposals reflects a broader commitment among MPs to safeguard the RMLF’s integrity. The fund, generated through fuel levies, is a critical resource for maintaining and expanding Kenya’s road network. Diverting it for administrative purposes, the MPs argued, would undermine public trust and hinder infrastructure progress.</p>
<p dir="ltr">The National Assembly’s Committee on Transport and Infrastructure is still receiving submissions from stakeholders and is expected to consolidate its findings into a final report in the coming weeks. This report will likely shape the future of the Kenya Roads (Amendment) Bill, 2025, and determine how the RMLF is managed moving forward.</p>
<p dir="ltr">The debate also highlights ongoing tensions between national and county governments over resource allocation. While counties have pushed for greater control over funds like the RMLF, the national government maintains that its oversight is necessary to ensure equitable development. The committee’s final recommendations will be closely watched as they could influence the balance of power in Kenya’s devolved governance structure.</p>
<p dir="ltr">The rejection of the proposed RMLF diversions underscores the Kenyan Parliament’s vigilance in protecting public funds for their intended purpose. By challenging the Ministry’s amendments, MPs have signaled their commitment to prioritizing road maintenance and development, particularly in underserved regions. As the committee continues its review, the outcome of this bill will have significant implications for Kenya’s infrastructure agenda and the broader devolution framework.</p>
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