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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."
},
{
"id": 1625993,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1625993/?format=api",
"text_counter": 338,
"type": "speech",
"speaker_name": "Hon. Davis Chirchir",
"speaker_title": "The Cabinet Secretary for Roads and Transport",
"speaker": null,
"content": "Like I said, the State Department for Roads is working with the Attorney-General and the National Assembly. We will also work closely with the Senate because that is an amendment that will also require passage by the Senate. Therefore, we will work closely together so that we avoid mediation to unlock that challenge and disburse RMLF to support management of our roads which are not in a good state particularly after the April rains."
},
{
"id": 1625994,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1625994/?format=api",
"text_counter": 339,
"type": "speech",
"speaker_name": "Hon. Davis Chirchir",
"speaker_title": "The Cabinet Secretary for Roads and Transport",
"speaker": null,
"content": "Madam Temporary Speaker, allow me to stop there and thank the House again for inviting me. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
},
{
"id": 1625995,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1625995/?format=api",
"text_counter": 340,
"type": "speech",
"speaker_name": "Sen. Veronica Maina",
"speaker_title": "The Temporary Speaker",
"speaker": null,
"content": " You are not yet done, until you are discharged by the Chair because we still have supplementary questions."
},
{
"id": 1625996,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1625996/?format=api",
"text_counter": 341,
"type": "speech",
"speaker_name": "Sen. Veronica Maina",
"speaker_title": "The Temporary Speaker",
"speaker": null,
"content": "Proceed, Sen. Gataya."
},
{
"id": 1625997,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1625997/?format=api",
"text_counter": 342,
"type": "speech",
"speaker_name": "Sen. Gataya Mo Fire",
"speaker_title": "",
"speaker": null,
"content": "Madam Temporary Speaker, I heard the Cabinet Secretary mention a formula which has all through proved to be discriminative. When you go to Tharaka Nithi, you will find many stalled roads projects. I am sure Waziri is aware. He must be aware of a road which originates from some parts in Tharaka; that is Gatunga-Marimanti-Chakariga Road which has stalled for close to 15 years. The parts that had been done are already peeling off. We have witnessed several accidents for the past few years. There is also another road from Mutindwa-Kwa Mbogori all the way to Kithombani in Chogoria and several other roads that have stalled due to this discriminative formula which has neglected some parts of the country including Tharaka Nithi. What is the Cabinet Secretary doing to make sure there is equality or balanced distribution of funds to make sure that every part of this country is served to ensure that all the roads are done? We have seen some parts of this country terribly neglected in terms of road network. What is your Ministry doing to make sure that we balance the equation to make sure that everybody benefits?"
},
{
"id": 1625998,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1625998/?format=api",
"text_counter": 343,
"type": "speech",
"speaker_name": "Sen. Veronica Maina",
"speaker_title": "The Temporary Speaker",
"speaker": null,
"content": " Cabinet Secretary, you can proceed to answer that."
},
{
"id": 1625999,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1625999/?format=api",
"text_counter": 344,
"type": "speech",
"speaker_name": "Hon. Davis Chirchir",
"speaker_title": "The Cabinet Secretary for Roads and Transport",
"speaker": null,
"content": " Hon. Senator, let me start by thanking you for the supplementary question. Madam Temporary Speaker, we can spend some time to see what we have done with securitization of a portion of the RMLF. In line with Section 32 of the Road Maintenance Levy Fund Act 1993, we have been able to raise funds to address some of the challenges facing our roads. A number of them were pending bills while others were maintenance challenges. The Maintenance Vote alone from RMLF may not be adequate to maintain all our roads. I want to confirm that the formula that has been developed to take care of length, traffic and classes of roads and so on and so forth is basically meant to share the revenues from RMLF between the national Government, for purposes of maintaining national roads depending on the class, and county governments. We are quickly working on that amendment so that we unlock the challenge. Like I said, securitization has unlocked a lot of challenges. It has also given us liquidity to address some of the challenges that roads like Chakariga-Marimanti-Gatunga, a 36-kilometre road which is in a state of disrepair. Madam Temporary Speaker, I want to confirm to the Senate that road has received attention and in this financial year, we will start recarpetting it, amongst many other projects in the County of Tharaka Nithi. That is receiving the attention just like the other counties in Kenya. Therefore, I want to confirm that Chakariga-Marimanti- Gatunga, a 36- kilometre road, will be recarpetted this financial year. I thank you."
},
{
"id": 1626000,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1626000/?format=api",
"text_counter": 345,
"type": "speech",
"speaker_name": "Sen. Veronica Maina",
"speaker_title": "The Temporary Speaker",
"speaker": null,
"content": " Thank you, Cabinet Secretary. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
},
{
"id": 1626001,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1626001/?format=api",
"text_counter": 346,
"type": "speech",
"speaker_name": "Sen. Veronica Maina",
"speaker_title": "The Temporary Speaker",
"speaker": null,
"content": "Sen. George Mbugua, you have the Floor. Please switch on his microphone."
}
]
}