The Court of Appeal has made a landmark ruling on the dispute surrounding the crucial Road Maintenance Fuel Levy (RMLF) funds, issuing conservatory orders handing over control of the funds to county governments.
Following a recent ruling by the High Court, the appellate court maintained that the orders will be in force for a 12-month period, during which appeals could be made before the second-highest court on the land. "Taking into consideration all the relevant factors that we have pointed out, we are satisfied that the applicants have demonstrated that the orders sought in the consolidated applications are merited," the Court ruled. "We therefore grant conservatory orders and/or stay of execution and implementation of orders numbers (a), (b), (c), and (d) of the High Court judgment, for twelve (12) months to enable the appellants to prosecute their appeal before this Court," it further added.
The 2.4KM Kaptimbor-Airstrip Road in Kabarnet, Baringo County, July 9, 2025.
Photo KURA The ruling, delivered by Justices Musinga, Odunga and Nyamweya, following in the ruling delivered by High Court judge Lawrence Mugambi, quashed the decisions of the National Assembly of September 28, 2023, that failed to recognise county governments as beneficiaries of the fund, popularly known as the fuel levy, in the financial years 2024/2025 and 2025/2026.
