The High Court in Nairobi has ruled the National Assembly's exclusion of county governments from the Road Maintenance Levy Fund unconstitutional. Justice Lawrence Mugambi delivered the judgment on Thursday, June 5.
The petitioners challenged decisions made by the National Assembly on September 28, 2023, and August 13, 2024, which excluded counties from receiving allocations from the fund.
They argued this violated constitutional principles of devolution and equitable resource sharing.
This comes barely a month after the Council of Governors said it is willing to withdraw a court case challenging its exclusion from use of the Sh10.5 billion Road Maintenance Levy Fund if the National Treasury consults the 47 county governments.
