The Senate has rigorously examined the Kenya Rural Roads Authority (KeRRA) over its continued handling of road functions meant for County Governments, highlighting concerns over duplication of resources and disregard for constitutional mandates.
Lawmakers noted that agencies such as KeRRA and the Kenya Urban Roads Authority (KURA) remain fully operational despite previous directives to dissolve, merge, or transfer devolved functions.
The origins of the dispute trace back to October 2013, when the first Task Force Report recommended the transfer of devolved responsibilities.
This position was reinforced by the 11th National and County Government Coordination Summit in December 2024. Senators argued that the persistence of these agencies in devolved activities has led to overlapping projects, including those funded by the National Government Constituency Development Fund (NGCDF).
Before the Senate Standing Committee on Devolution and Intergovernmental Relations, KeRRA Acting Director General Engineer Jackson Magondu defended the agency, citing its legal mandate under the Roads Act of 2007 to manage national trunk routes classified as Class C roads.
He added that a court case has stayed the execution of the Cabinet’s resolution to dissolve or merge the Authority until June 2026 to prevent disruption in public services.
“The Cabinet made a resolution to desolve or merge state corporations that are carrying out similar functions where KeRRA was listed as possible candidate. However, there was a court case that stayed the execution of the resolution and gave a stay order up to June 2026,” Eng. Magondu explained.
A key focus of the Senate session was KeRRA’s provision of technical assistance to counties for managing the Road Maintenance Levy Fund (RMLF) through Constituency Road Committees (CRCs). Senators argued this practice is unconstitutional since the Constitution only recognizes National Government Roads and County Government Roads.
“Eng. Magondu, constituencies do not have anything called a road function. The roads can only be shared into two: national government roads and county government roads. So, the funds that you have must follow that function,” said Senator Catherine Mumma, Vice Chairperson of the Committee.
The Committee directed KeRRA to submit all Memoranda of Understanding (MOUs) with counties detailing technical support, justify why intra-county Class C roads are classified as national trunk roads, and provide a comprehensive report on the deployment of development budgets from the 2013/2014 financial year to the present. Senators also emphasized that all road funds should align strictly with devolved responsibilities.
