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{
    "id": 1561898,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1561898/?format=api",
    "text_counter": 74,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "As Members may be aware, a Constitutional Petition and an Application for conservatory orders, both dated 16th August 2024, were filed in the High Court by five Petitioners, that is, Issa Elanyi Chamao, Patrick Karani Ekirapa, Paul Ngeiywo Kirui, International Legal Consultancy Group Ltd and the Council of County Governors. The Petition challenges the constitutionality of the decision of the National Assembly made on 28th September 2023 to remove ounty governments as beneficiaries of RMLF. It also challenges another decision of the National Assembly made on 13th August 2024 allegedly removing county governments as beneficiaries of Ksh10,522,211,853 conditional grants from funds derived from RMLF in the Financial Year 2024/2025. The petitioners further challenge the constitutionality of the Kenya Rural Roads Authority (KeRRA) and the Kenya Urban Roads Authority (KURA) on the grounds that they infringe on the functions of county governments. Furthermore, that, the decisions by the National Assembly were made without public participation or consultation with the Senate. The Petitioners also allege that Section 47 of the Kenya Roads Act, No.2 of 2007 and Section 6 of the Kenya Roads Board Act, 1999 do not meet the threshold of the Constitution as they do not recognise county governments thus undermining devolution. The Petitioners are seeking several declarations and orders, inter-alia: 1. A declaration that Section 47 of the Kenya Roads Act, No.2 of 2007 and Section 6 of the Kenya Roads Board Act, 1999 are unconstitutional for undermining devolution; 2. That, the National Assembly's decisions of 28th September 2023, and 13th August 2024, which removed County Governments as beneficiaries of RMLF and as beneficiaries of Ksh10,522,211,853.00 for Financial Year 2024/2025 and Financial Year 2025/2026, be deemed as illegal and unconstitutional and quashed; 3. The court compel the Kenya Roads Board to disburse to the county governments the sum of Ksh10,522,211,853.00 due to them for the FY 2024/2025; 4. An injunction to prevent the continued exclusion of counties from the Road Maintenance Levy Fund (RMLF) funding and to stop the Kenya Roads Board (KRB) from funding the Kenya Rural Roads Authority (KeRRA) through the RMLF. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}