We won’t withdraw roads fund case, say governors

Governors have maintained they will not withdraw the case against MPs over the control of the Sh10.5 billion Roads Maintenance Levy Fund spelling doom for donor-funded projects.

This is even as county bosses secure the backing of the senators who are threatening to target the National Government Constituency Development Fund if MPs continue to frustrate counties over the roads kitty.

Appearing before the Senate County Public Accounts Committee on Monday, Kirinyaga Governor Anne Waiguru said they will not withdraw the case currently before the High Court as the grandstanding continues.

The Council of Governors went to court last year to challenge the use of the funds by the Kenya Roads Board to build roads in counties.

Waiguru expressed confidence that the outcome of the case would be in their favour.

“We are not going to withdraw the case of RMLF because it is an issue that is legal and in the constitution,” Waiguru said.

She added, “If someone feels like a certain governor is not doing roads with the money, there is a process of audit. But that cannot be an excuse to throw away the law and implement what your preference is.”

Waiguru said they would remain firm and ensure the 2010 Constitution is fully implemented and devolution protected.

The immediate former CoG chairperson said they will not allow the National Assembly to claw back on devolution, adding that they are ready to pay the price.

The counties are set to get Sh40 billion in conditional allocation.

This includes Sh3.24 billion meant to pay community health promoters, Sh1.75 billion to clear striking health workers’ salary arrears, Sh116 million in court fines, billions in mineral royalties and some Sh10.5 billion for county aggregation and industrial parks.

Waiguru said the constitution must be followed by having executive functions vested in the national government and devolved functions to counties strictly followed.

“We can decide to throw away the constitution, then we can run the country the way we want. We cannot have preferences. Everybody has preferences, but our preferences are not what runs the country,” she said Nairobi Senator Edwin Sifuna sided with Waiguru, saying it is time the Senate went for what MPs hold dear, and that is NG-CDF should the stalemate continue.

He said senators will not allow counties to be held hostage by MPs who have turned into contractors thinking that building roads is their work and are even ready to forego the Senate Oversight Fund.

“We have something that is very dear to them. Let them not scare us with this thing called the Senate Oversight Fund. You cannot compare those two things because if you look at the figures involved, it is not commensurate,” he said.

Homa Bay Senator Moses Kajwang’ said about Sh61 billion is being held hostage by the stalemate and not only the Sh10.5 billion in road kitty.

“National Assembly has said that even if we amend the schedule to exclude RMLF, they still will not approve it. They want CoG to withdraw the case that is in court. For them that is the condition precedent to any conversation,” he said.