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{
    "id": 1625992,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1625992/?format=api",
    "text_counter": 337,
    "type": "speech",
    "speaker_name": "Hon. Davis Chirchir",
    "speaker_title": "The Cabinet Secretary for Roads and Transport",
    "speaker": null,
    "content": "developed under a multi-agency approach that included the Commission of Revenue Allocation (CRA), the national Treasury and KRB. The formula took into account five factors including, basic equal share, length of the road network, proportion of paved and unpaved roads in each county, the climate condition, the soil types, the rural index, including traffic on the roads, the class of the road which is not mentioned here and all those are factored in the formula as drivers to the allocation. Each of those factors was assigned weights as tabulated in the attached table but I will not go through it. Weight was the main criteria and the sub-criterias are percentages thereof. These criteria were to take effect in the Financial Year 2024/2025 in the event that the county governments were to benefit from RMLF allocation. However, the proposed allocation of Kshs10.5 billion was the subject of dispute between the National Assembly and the Council of Governors resulting in a court case that was determined sometimes early last month. In November, 2024, KRB disbursed Kshs3.68 billion to counties using the formula; with Tharaka Nithi receiving Kshs55.9 million as shown in the response there. Kenya Roads Board did not allocate funds to counties in the financial year 2023/2024. Going forward, KRB may resume allocating RMLF to the counties based on the guidance of this House and the High Court. Let me hasten to say that there has been further development since I gave that response to the House. After the court ruling, we are working with the National Assembly and we will be coming to the Senate to agree on the formula and the sharing. This is because, the courts declared Section 6 of the KRB Act which has that formula, unconstitutional. We will therefore need to amend that section quickly through the two Houses because under the Fourth Schedule of the Constitution, roads are a devolved function with policies and other certain aspects being with the national Government as well as county governments having certain aspects as defined in the Constitution. Therefore, Madam Temporary Speaker, we are working quickly to unlock that challenge in order to disburse RMLF, considering that as we speak today, we are unable to disburse RMLF because Section 6 of the Kenya Roads Board Act has been declared unconstitutional. I would like to conclude by stating that the High Court recently, like I have just said, declared the Kenya Roads Board Act unconstitutional with respect to some section 6 and 47 on the classification of roads excluding counties in the share of RMLF."
}