Trans Nzoia Governor George Natembeya has launched a scathing critique of the ongoing feud between county governments and the National Assembly over road maintenance funds, describing the stalemate as a “betrayal of devolution” that has left counties financially crippled.
Speaking at the final send off ceremony late Chebukati,Natembeya accused the National Assembly of overstepping its mandate and undermining the autonomy of county governments, while also highlighting the dire financial straits facing counties.
“The counties are broke,” Natembeya declared. “We cannot even pay salaries, let alone maintain roads. The National Assembly is holding funds hostage, and this is not just an attack on governors but on the millions of Kenyans who depend on devolved services.”
The controversy stems from the Roads Maintenance Levy Fund , a kitty funded by fuel taxes meant for road maintenance. Historically, the fund was managed by the national government, but a 2019 court ruling mandated that a portion of it be allocated to counties. However, the National Assembly has resisted this, arguing that counties lack the capacity to manage the funds effectively. This has sparked a bitter back-and-forth, with governors accusing MPs of sabotaging devolution.
Natembeya, a former senior civil servant known for his blunt rhetoric, did not mince words.
“The National Assembly is behaving like a colonial master. They want to control everything, yet they don’t understand the realities on the ground. How can you sit in Nairobi and decide how roads in Trans Nzoia should be maintained?”
His sentiments were echoed by other governors, who have formed a united front against the National Assembly. Kakamega Governor Fernandes Barasa noted, “This is not just about roads; it’s about the survival of devolution. If we allow the National Assembly to take over functions clearly assigned to counties, we might as well kiss devolution goodbye.”
The standoff has also drawn the attention of constitutional experts. Bobby Mkangi, a prominent constitutional lawyer, weighed in, stating that the National Assembly’s actions are a clear violation of the Constitution.
“The Constitution is very clear on the functions of each level of government. Roads classified as county roads should be managed by counties, and the funds allocated for this purpose should be released unconditionally,” Mkangi said.
He added, “What we are seeing is a dangerous trend where the National Assembly is trying to recentralize power. This undermines the spirit of devolution, which was meant to bring services closer to the people.”
The financial strain on counties has been exacerbated by delayed disbursements from the National Treasury. According to Natembeya, many counties are struggling to meet their basic obligations, including paying salaries and funding healthcare services.
“We are being set up to fail,” he said. “The National Treasury delays funds, and then the National Assembly blocks us from accessing other resources. How are we supposed to function?”
The governor’s remarks have reignited the debate on the sustainability of devolution, which was introduced in 2013 to address historical inequalities and bring development closer to the grassroots. Critics argue that devolution has been plagued by mismanagement and corruption, with some counties failing to account for funds allocated to them. However, proponents insist that the challenges facing devolution are a result of sabotage by the national government, which they accuse of being reluctant to cede power.
The road funds spat is just the latest in a series of conflicts between the two levels of government. Earlier this year, governors clashed with the National Assembly over the Division of Revenue Bill, which determines how resources are shared between the national and county governments. The governors accused MPs of allocating insufficient funds to counties, a move they said would cripple service delivery.
Natembeya’s outspoken criticism has positioned him as a leading voice in the fight for county autonomy. His background as a former Regional Commissioner gives him unique insight into the workings of both levels of government, and he has used this experience to advocate for stronger devolution.
“We cannot allow devolution to be killed by selfish interests,” he said. “The people of Kenya voted for devolution because they wanted change. We must respect their will.”
As the standoff continues, the fate of millions of Kenyans hangs in the balance. Poorly maintained roads have been blamed for numerous accidents and have hampered economic activities, particularly in rural areas. Farmers, for instance, have struggled to transport their produce to markets, leading to significant losses.
The Council of Governors has called for dialogue to resolve the impasse, but with both sides digging in, a quick resolution seems unlikely. For now, countiesbut with both sides digging in, a quick resolution seems unlikely. For now, counties remain in financial limbo, unable to address the pressing needs of their residents.
In the words of Natembeya, “This is not a fight between governors and MPs; it’s a fight for the soul of devolution. We must stand firm and protect what we have built.”
