MPs oppose allocation of roads cash to counties

Transport secretary Michael Kamau has failed to agree with MPs on how to share roads money raised through fuel levy between the national government and the governors.

MPs want all road institutions like the Kenya Urban Roads Authority (Kura), Kenya Rural Roads Authority (Kerra) and the Kenya Highways Authority to remain under the national government while Mr Kamau says roads below class E are devolved and that counties have a right to a share of the levies raised.

The Constitution under the Fourth Schedule has devolved county transport including roads, street lighting, traffic and parking, public road transport, ferries as well as habours.

Mr Kamau differed with the Transport and Communications Committee chaired by Starehe MP Maina Kamanda when he proposed that part of the Road Maintenance Levy be ceded to the governors for construction and maintenance of rural roads.

“This is a constitutional issue. When functions such as roads are devolved, resources must follow them and that is why we are proposing in the Kenya Roads Board (Amendment) Bill, 2014 that 15 per cent of the fuel levy  be allocated to county governments for maintenance of roads under class E,” he said.

Apart from budgetary allocations and donor funding, the government collects a fuel levy charged on petrol and diesel to expand and repair roads.

The fuel levy stands at Sh9 per litre of petrol or diesel and is collected by the Kenya Revenue Authority on behalf of the Kenya Roads Board, which manages the fund that stood at Sh24.2 billion in 2012.

The Road Bill 2014, drafted by the ministry, defines Class A, B and C as national roads, leaving Class D and E to counties. But governors have insisted that Classes C, D and E should be under their jurisdiction.

In the Bill, Mr Kamau is proposing that 40 per cent of the road maintenance fund be allocated to Kenya National Highways Authority (KenHA) down from the current 57 per cent.

He also wants 32 per cent allocated to Kerra up from the current 24 per cent and shared among the 290 constituencies on projects identified by MPs.

Mr Kamau said 15 per cent should go to governors from road maintenance levy and the balance of 10 per cent retained at the ministry level for emergency purposes like compensation for urgent projects.

“The 10 per cent should be given to ministry to procure land for KenHA such as the recent compensation for Namanga border post, city cabanas and Galleria shopping mall. This money is important for emergency,” he said.

Committee member Stephen Kinyanjui (Kinangop) opposed the proposal and demanded that all roads, including those under Class E be managed by the national government.

“We will not accept any law that seeks to disband Kenya Rural Roads Authority (Kerra) and the Kenya Urban Roads Authority (Kura) which have done commendable job in construction, repair and maintenance of our roads. Any proposal contradicting this will be rejected on the floor of the House,” he said.

Ijara MP Mohammed Abbas said Kura should be retained in the national government for doing good work.

“You say you now have 12,541km under Kura. If we take 15 per cent that has been going to Kura to governors, will Kura be alive?” asked Mr Abbas.

“Between Kura and governors, who would you trust with funding? We would rather have 15 per cent with Kura as opposed to governors.”

Mr Kamau said as part of devolved fund, it is constitutional that 15 per cent of the road maintenance levy will go to the counties as conditional grants for roads.

“The law is clear that the national government cannot go and audit devolved fund unless through the office of the Auditor General,” he said.

“Money that goes to constituencies under the Constituencies Roads Committees used to be audited by the Kenya Roads Board.”