A fresh dispute between the National Assembly and the Senate has erupted over the sharing of road funds, with MPs threatening to pursue constitutional changes to abolish the Upper House after senators rejected a Bill that would have given counties five per cent of the Road Maintenance Levy Fund.
The fallout followed the Senate’s rejection of the Kenya Roads (Amendment) Bill, 2025, at the Second Reading, putting the legislation on a mediation path as lawmakers in the National Assembly questioned why senators would oppose a proposal aimed at increasing resources available to counties for roads. The Bill seeks to amend the legal framework governing roads and provide a share of the levy to county governments.
National Assembly Majority Leader Kimani Ichung’wah said the Senate’s decision was difficult to understand given its constitutional responsibility to represent and protect county interests.
“How does the Senate, that represents counties, reject a Bill that is apportioning part of RMLF to the county governments to fix roads in the counties and in our neighbourhoods?” he posed.
Ichung’wah said the proposed changes were also intended to deal with cases where national and county governments undertake similar road projects, leading to duplication and confusion over who should handle particular works.
He said the National Assembly would form a mediation team to engage the Senate and try to resolve the disagreement.
“The National Assembly would appoint a strong mediation committee to engage the Senate on this Bill,” he said.
The two Houses are expected to appoint equal numbers of legislators to the mediation committee, which will seek to agree on a common position on the proposed law.
Ichung’wah also criticised the Senate for rejecting the Bill in its entirety rather than supporting some of its provisions.
“We must, however, express our disgust with a House that rejects a Bill in totality. You cannot reject a Bill in totality. There must be one or two clauses, at least, even the title, that you agree with,” he added.
He warned that senators would have to explain their decision to voters when they return to the electorate during next year’s General Election.
The Bill proposed classifying public roads into national trunk roads and county roads, with the aim of aligning responsibility for road management with the devolved system. It also sought changes to the Kenya Roads Board Act to provide for an equitable allocation of funds for road maintenance, rehabilitation and development.
Under the proposal, the Cabinet Secretary for Roads and Transport would also review road classifications every five years.
The Road Maintenance Levy Fund is collected at Sh25 per litre of petrol and diesel and raised Sh135.2 billion in the financial year that ended in June 2026.
Ichung’wah accused governors of duplicating road projects financed through the levy and county budgets, saying the proposed amendments were meant to improve coordination and prevent public resources from being used on overlapping works.
The dispute has since grown into a wider challenge to the role of the Senate, with several MPs calling for constitutional changes to remove it.
Tiaty MP Kassait Kamket described the establishment of the Senate under the 2010 Constitution as a mistake.
“One of the biggest mistakes of our Constitution was the creation of the Senate. It is a terrible historic mistake,” he said.
Buuri MP Mugambi Rindikiri questioned opposition to increasing road resources for counties, while also demanding accountability for money counties have already received for road development.
“It defies logic and undermines the intellect of these 290 Members, who are managing their constituencies with 22 per cent and 10 per cent of RMLF, yet significant projects are visible in the road sector,” he told the House.
Baringo North MP Joseph Makilap backed the proposed changes, saying they would help bring order to the use of road levy funds and reduce duplication between national and county governments.
He also questioned continued demands from counties for additional road funding and accused senators of exceeding their mandate by summoning Cabinet Secretaries responsible for national government functions.
“If the senators rejected even the title of the Bill without reading it, the question Kenyans are asking is, do we really need the Senate?” he said.
Kabuchai MP Majimbo Kalasinga called for the Senate’s functions to be transferred to the National Assembly through constitutional amendments.
“Let us amend that section called Senate. Carry all those functions to the National Assembly because this House makes all laws,” he said.
Tigania West MP John Mutunga Kanyuithia also questioned some of the Senate’s activities while defending the role of national road agencies, including KeRRA, the Kenya Urban Roads Authority and the Kenya National Highways Authority.
North Imenti MP Rahim Dawood said he had previously sponsored a constitutional Bill seeking to abolish the Senate and transfer its functions to county assemblies.
“I know it is a constitutional Bill that will require a referendum, but I am still willing to sponsor it if the Speaker approves,” he said.