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By Andrew Mbuva
In a significant reprieve for the National Assembly and national road agencies, the Court of Appeal has suspended the execution of a High Court judgment that had rendered key sections of the Kenya Roads Act and the Kenya Roads Board Act unconstitutional, temporarily halting the disbursement of billions of shillings meant for critical road maintenance across the country.
Justices Pauline Nyamweya, Abida Ali-Aroni, and John Mativo issued the ruling on Thursday, 24th July 2025, following an application by the Attorney General and the Kenya Roads Board (KRB), which sought to stay the High Court’s decision delivered in March this year.
The High Court had declared that several provisions within the two laws—especially those governing the Kenya Roads Board Fund and its allocation to state road agencies—violated the Constitution. The ruling threw Kenya’s road maintenance and rehabilitation programs into disarray, with road agencies unable to access funds budgeted for ongoing and planned projects.
In its judgment, the High Court had found that the impugned legal provisions undermined the public finance management framework and blurred the constitutional roles of various state organs, including Parliament, the National Treasury, and road implementing agencies. The court had further ruled that Parliament had unlawfully delegated its appropriation powers to the Kenya Roads Board, an agency under the Ministry of Roads and Transport.
But in a bid to avert an infrastructure crisis and protect ongoing public projects, the Court of Appeal noted that the issues raised by the High Court required further interrogation and that the implementation of the judgment would result in “grave disruption” of national road operations and potential financial loss.
“The applicants have demonstrated an arguable appeal with a likelihood of success,” ruled the three-judge appellate bench. “It is in the public interest that the orders sought are granted to avoid paralyzing the roads sector.”
The stay now allows the Kenya Roads Board to resume the release of funds to key road agencies, including the Kenya National Highways Authority (KeNHA), the Kenya Rural Roads Authority (KeRRA), and the Kenya Urban Roads Authority (KURA), pending the hearing and determination of the appeal.
The ruling is a temporary relief for contractors, road users, and regional governments who had expressed alarm over deteriorating road conditions and stalled repair works due to lack of funding.
Attorney General Justin Muturi welcomed the decision, terming it a “victory for common sense and public interest,” while emphasizing the government’s commitment to adhere to constitutional dictates in public financial management.
The appeal will now proceed to a full hearing, with the Court of Appeal expected to determine the legality and constitutionality of the roads legislation frameworks. The case is set to have far-reaching implications for how infrastructure funding is structured and managed across the country.
Meanwhile, stakeholders in the roads sector have urged Parliament to initiate comprehensive legislative reforms to align road funding laws with the Constitution and avert future legal uncertainties.
