The Council of Governors (COG) has agreed to withdraw a case on the Sh10.5 billion Road Maintenance Levy Fund (RMLF) on the day they denied claims that they were behind the cases pushing for the scrapping of the National Government Constituency Development Fund (NGCDF).

The governors said they have no issue with NG-CDF as they are aware it is assisting counties carry out development.

Homa Bay Governor Gladys Wanga and her Kakamega counterpart Fernandes Barasa told MPs who sit in the Budget and Appropriations Committee (BAC), chaired by Alego Usonga MP Samuel Atandi, that if withdrawing the case will break the stalemate between them and lawmakers, then they have no problem with that.

She said: “As a council we have a position that if there is an avenue for dialogue that will provide justice then this is accepted.”

The duo explained that they had moved to court because they want the monies that were going to counties amounting to about 15 percent of national budget returned to enable them complete stalled roads.

Wanga argued that the reason they filed the case is the National Assembly failed to fulfil its end of the bargain.

They had withdrawn the suit when Kiharu MP Ndindi Nyoro was chair of the committee.

She said: “In the last financial years we agreed with Ndindi and withdrew our case but we went back to court because the National Assembly did not act in harmony.”

Barasa said that the reason they are in court is they believe that counties have a role in constructing and repairing county roads.

He said: “On RMLF, we believe that since we have county roads, we need to be supported by fuel levy.”

Said Atandi: “: “The Council of Governors needs to explore an out of court settlement because the roads that were being done by Kerra have stalled. The fast-tracking of this Bill will facilitate movement of funds to the counties.”

Tongaren MP John Chikati told CoG to withdraw the case.

He said: “About the cases relating to RMLF, If CoG can consider withdrawing so that we can have good negotiations would be good.”

The current standoff started after the National Assembly insisted that MPs are the ones to manage the fund a move that was objected by Senate and COG.

On CGAAB, Barasa, and Wanga raised concerns over the delays in enacting the law saying it affects works on the development projects in the counties. Said Barasa: “The delayed consideration and passage of the Bill has affected the counties’ absorption and budget implementation for the financial years to which the allocations relate.”