A three judge Appellate Court Bench will hear an appeal in which the National Assembly has challenged the High Court Judgement relating to the Road Maintaince Levy Fund.
This follows, the certification as urgent of the Appeal lodged by the National Assembly against the said Judgement dated June 9, 2025.
In the said judgement, the High Court had ruled that it was unconstitutional and a threat to devolution for the National Assembly to exclude Counties from allocation of the Kshs. 10.5 Billion derived from the RMLF, in the Financial Year 2024/2025.
The Court, however, stayed execution of the said Judgement for 14 days.
The National Assembly in its application under a certificate of urgency sought the hearing of the appeal at the earliest possible time to prevent a crisis in the public road management as the said stay of judgement expires on June 19, 2025.
Concequently the Registrar of the Court of Appeal; Hon. Moses Serem has indicated that the said application will be heard by a Three Judge Bench constituted by the Hon. President of the Court of Appeal.
The application will be heard by way of videolink connected to the Court and Counsel on record.
In this regard, National Assembly was directed to serve the application on the respondents within two days effective today, effective Thursday June, 12 2025.
The respondents are to file and serve a replying affidavit on the applicants within two days upon receipt of the application.
The National Assembly is to subsequently file and serve a reply on receipt of the replying affidavit within two days (if any).
"The applicant will thereafter file and serve online written submissions limited to three pages only within three days at the close of pleadings," directed the registrar.The respondents shall equally have three days to file and serve online written submissions limited to three pages only in response.
The said Petition was filed by among others the Council of Governors (COG) alongside Mr. Issa Elanyi Chamao, Mr. Patrick Ekirapa, Mr. Paul Kirui and the International Legal Consultancy Group Limited.
The Petitioners had accused the National Assembly of unilaterally removing County Governments as beneficiaries RMLF in the Financial Year 2024/2025; a move they termed as unconstitutional and a threat to devolution.
The temporary stay of execution of the Judgement was a partial relief for release of the contentious Kshs. 10.5 Billion RMLF under the current criteria listed in the Kenya Roads Board Act, which lists the criteria for allocation of the RMLF as unconstitutional.
The Act, currently lists the Agencies to which the Funds can be disbursed as the Kenya National Highways Authority (KENHA), the Kenya Urban Roads Authority (KURA), the Kenya Rural Roads Authority (KURRA) and the Kenya Wildlife Service, with the remainder of the Funds going to operations of the Kenya Roads Authority Board (KRAB).
