Legal hurdle cuts off funds to road projects in counties

By Luke Anami

Nairobi,Kenya:County governments have begun agitating for funding for rural access roads.

However, while the Constitution recognises roads managed by national and county governments, the Kenya Roads Board, as currently constituted, can only disburse funds to the Kenya National Highways Authority (Kenha), Kenya Urban Roads Authority (Kura) and the Kenya Rural Roads Authority, (Kerra).

The three authorities are set to be disbanded.

Maintenance

KRB collects Sh9 per litre of fuel, giving it approximately Sh24 billion annually for repair and maintenance of roads, which is carried out by the three authorities.

Last week, seven governors (Murang’a, Narok, Machakos, Bomet, Homabay, Kisii and Bungoma) that KRB met with asked it to hasten the process that would allow them to receive funds directly from the body to manage the roads within their jurisdictions.

“We have prepared a strategic plan and also prepared our budgetary estimates for all the roads in Murang’a. It is only fair that we be allowed to manage the roads within our boundaries, with the exception of those classified as national highways,” Murang’a County Governor Mwangi wa Iria told KRB officials.

Mwangi cited the road from Kenol to Murang’a Town — which is classified C, or a primary road — as one of the roads in very poor condition.

“Our topography is very steep, which means that any time it rains, the roads are destroyed. We need to be in a position to respond to such emergencies as a county government instead of having to wait for the national government’s response,” he said.

Narok County Governor Samuel Kuntai Tunai also said that unless KRB moves quickly to address the issue of funding, the tarmacking of important roads in counties would continue to be delayed.

“We are asking for money to cater for our infrastructural needs. This is especially urgent because we are approaching the high season in July and we need to ensure that the road to the Maasai Mara Game Reserve is in good condition,” Tunai added.

KRB has begun reviewing its administrative, legal and institutional frameworks to align them with the Constitution, with input from the Commission for the Implementation of the Constitution 

“The transfer of roads to county governments requires a broad approach,” KRB Executive Director Francis Nyaganga said.

Own staff

There is also the question of whether Kerra, Kenha and Kura employees will be absorbed by county governments.

“The capacity is already on the ground. The engineers from these institutions are well versed in road maintenance and construction. It will be unfair to leave them out,” Joel Wanyoike, the KRB chairman, said, but added that he did not want to be drawn further into the debate.