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The Court of Appeal has ruled in favour of the National Assembly, sustaining its control over the Road Maintenance Levy Fund (RMLF) and overturning a key part of a High Court decision on how the fund is distributed.
Parliament announced on Saturday, November 14, that the appellate court had upheld its appeal alongside a parallel appeal filed by the Kenya Roads Board (KRB), both of which challenged a High Court judgment delivered on June 5, 2025.
A three-judge bench comprising Justices Agnes Murgor, Abida Aroni and Joel Ngugi determined that Parliament holds the constitutional authority to establish and govern the framework through which road maintenance funds are managed and allocated nationally.
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The original High Court case centred on two issues; whether the statutory provisions governing road classification and fund distribution were constitutional, and whether county governments were entitled to receive direct payments from the fund to discharge their road-related responsibilities.
On the second question, the appellate bench departed from the High Court's earlier position.
