The High Court temporarily halted a National Assembly resolution to deny county governments funds for running key roads at devolved levels.
According to the orders issued by Justice Lawrence Mugambi, the decision reached by lawmakers during a heated session on September 28 remains suspended pending determination of a case challenging the decision.
The Road Maintenance Levy Fund (RMLF) lies at the center of the dispute between the House and the Council of Governors.
The Kenya Roads Board (KRB) administers the RMLF, which is made out of taxes collected from Kenyans when they buy fuel which is used for road maintenance.
During the aforementioned financial years, county governments were allocated 15 per cent of the RMLF, being conditional grants.
Later on, however, the money was incorporated in the equitable revenue share beginning the 2021/22 financial, bringing to an end the conditional grants under the RMLF.
But during the 9th national and county government coordinating summit held on February 11 in Naivasha, it was agreed to have the funds reinstated to counties from the financial year 2024/25 with an allocation of 20 per cent.
Lawmakers however went against this and excluded county governments from the fund for FY 224/25 and 2025/26.
Aggrieved by the decision, the CoG alongside three private citizens and the International Legal Consultancy Group moved to court challenging the constitutionality of the September 28 decision.
