The bitter tiff between senators and governors over the oversight of about Sh17 billion road fuel levy fund has now escalated to the courts.
The county bosses, through the Council of Governors, moved to the High Court and obtained a conservatory order restraining the lawmakers from summoning them to account for the funds.
“Pending hearing and determination of this application, conservatory orders be issued restraining the Senate from considering the report of the auditor general on roads maintenance levy fund for financial years 2018-19 and 2019-20,” the order issued by Justice Hedwig Ong’udi reads.
The judge also issued an order barring the Senate from considering the audit report on grants issued by the World Bank under the Kenya Urban Support Programme for 2018-19 and 2019-2020.
On Thursday, the Senate said they would be filing a petition to quash the order that they argue infringes on their oversight mandate.
For the past month, the county chiefs have been engrossed in a standoff with the Senate Roads and Transportation Committee.
The committee, chaired by Kiambu Senator Kimani Wamatangi, has invited the governors to appear before it to explain how they spent the funds.
However, they rejected the invite leading to summons.
Last week, the committee asked police IG Hillary Mutyambai to arrest and drag Bomet Governor Hillary Barchok to the panel. He has ignored an invite and subsequent summon.
The panel invoked provisions of the Parliamentary Powers and Privileges Act that allow a parliamentary committee to order for the arrest of a witness to provide information or give evidence.
The committee also summoned five other governors who snubbed the invitation.
They were Sospeter Ojaamong (Busia), Ali Roba (Mandera), Anyang’ Nyong’o (Kisumu), Paul Chepkwony (Kericho) and James Ongwae (Kisii).
The county bosses, through CoG chairman Martin Wambora, have vowed not to appear before the committee.
They argue that the oversight of the funds in question falls under the mandate of a separate Senate committee – the County Public Accounts and Investments Committee.
They added that summoning them to appear before the Roads committee amounts to duplication of roles.
“Subjecting county governments to appear before both committees for the same purpose indicates duplication of functions at the Senate and is time-consuming to county governments,” Wambora said.
He added, “Thus, the county governments will not appear before the standing committee on roads and transportation for the above subject.”
The road maintenance levy funds are taxes from motorists’ fuel purchases at 18 per cent per litre of petrol and diesel.
It is shared among the counties and other agencies – Kenya National Highways Authority, Kenya Urban Roads Authority and Kenya Wildlife Service to maintain roads.
It is distributed by the Kenya Roads Board.
In 2017-18, the board disbursed Sh8.26 billion to the counties. Some Sh8.98 billion went to the devolved units in 2018-19.
However, in the current financial year, the Treasury made the fund part of the equitable share allocated to the counties.
But the governors have insisted that the fund be reverted to grant to allow counties to recarpet roads under their ambit.
(Edited by Bilha Makokha)
