A major legal victory for devolution was delivered this week after the High Court ruled that the National Assembly acted unconstitutionally when it removed county governments from the list of beneficiaries of the Road Maintenance Levy Fund.
“The decisions by the National Assembly violated Articles 6, 10, and 186 of the Constitution and cannot stand,” the court ruled, adding that the move undermined devolution and was “unconstitutional, unenforceable, illegal, null and void.”
The fallout began in September 2023 when Members of Parliament voted to lock out counties from the multi-billion shilling fund, arguing that Governors had mismanaged public funds.
They maintained that corruption in county governments justified their decision.
But Governors pushed back, accusing MPs of encroaching on devolved functions. The Council of Governors (CoG) later filed a suit against the National Assembly and seven other parties, challenging the move.
The standoff quickly escalated into a political battle, drawing in national leaders, including ODM leader Raila Odinga. Speaking in May at the 42nd ICPAK annual conference in Mombasa, Raila called for respect for devolution and warned against legislative overreach.
“You can do all the public participation you want. Ultimately, you must go to a referendum and you will lose,” he said. “Corrupt governors must be prosecuted, yes, but the road maintenance levy belongs to counties.”
The court’s decision now puts pressure on MPs, who had also proposed the Constitution Amendment Bill No. 4 of 2025 to entrench NG-CDF, Senate Oversight Fund, and NGAAF in the Constitution moves Governors see as undermining the spirit of devolution.
With the court siding with counties, attention now turns to whether Parliament will appeal or comply.
