Members of Parliament have raised strong objections to proposed changes in the Kenya Roads (Amendment) Bill, 2025, accusing Roads and Transport Cabinet Secretary Davis Chirchir of attempting to redirect money meant for road maintenance to administrative expenses.

The lawmakers questioned the legal and practical basis for allocating 1.5 per cent of the Road Maintenance Levy Fund (RMLF) to the State Department of Roads while retaining 10 per cent for “critical interventions,” warning that it could set a harmful precedent.

Chirchir appeared before the National Assembly’s Committee on Transport and Infrastructure on Thursday to present the Ministry’s position on the Bill, which is sponsored by Homa Bay Town MP Peter Kaluma and is under review by the committee chaired by Ndia MP George Kariuki.

Accompanied by Roads Principal Secretary Joseph Mbugua, the CS said the Ministry had carefully examined the Bill and proposed amendments to strengthen it and align it with national infrastructure development goals.

One of the proposed changes involves amending Section 47B(1) to state, “A public road shall bear signage including its classification, road code, including the level of government responsible for its maintenance, rehabilitation and development.” Chirchir said that clear road identification based on classification and numbering would promote transparency and accountability.

The Ministry is also seeking to redefine Secondary National Trunk Road C as “Roads linking major designated towns and forming a continuous network with A and B roads.”

MPs expressed concern that this definition could marginalise areas without designated towns, especially in Northern Kenya.

“Are we not Kenyans?” Wajir North MP Abdi Saney asked. “We do not wish to lament all the time, but the Northern part of this country has been marginalised for so long. I plead with this committee and the CS to take drastic steps to develop the area instead of further marginalisation.”

On funding, Chirchir said allocations from the RMLF to agencies had been reduced to allow county governments to participate, while part of the Fund would be used under a securitisation model to accelerate development and complete ongoing road projects.

He defended the proposal to allocate 1.5 per cent of the RMLF to the State Department of Roads, saying it would enable monitoring, evaluation, and quality assurance audits to ensure adherence to national standards.

“This will ensure the funds are applied according to national standards for both development and maintenance through effective oversight mechanisms,” he explained.

However, MPs including Nyaribari Chache MP Zaheer Jhanda questioned the legality and rationale of the move.

“CS, the Bill proposes a 1.5 per cent allocation of the RMLF to the Roads Department. Could you clarify what exactly this ‘Roads Department’ refers to and its role? Would this not create a parallel funding structure outside the direct oversight of the Kenya Roads Board?” he asked.

“All state departments are funded via Treasury. This would be the first time a department receives special funds for operations. What is the justification for this?” he added.

Committee chair Ndia MP George Kariuki also pressed Chirchir to clarify how “critical interventions” under the proposed 10 per cent retention of the RMLF would be defined, stressing the need for clear guidelines to avoid misuse.

After lengthy discussions, MPs voiced unanimous reservations about diverting RMLF resources to administrative purposes, insisting the Fund should remain focused on road development and maintenance.

The committee is still gathering submissions from other stakeholders and will consolidate its findings into a final report in the coming weeks.