A public interest petitioner has moved to court challenging the continued stay in office of Silas Kinoti as the Director General of the Kenya Urban Roads Authority (KURA), claiming his term legally expired in June 2023.
In court documents filed before the Employment and Labour Relations Court in Nairobi, Joseph Masambu accuses Kinoti of illegally occupying the DG position despite the lapse of his three-year appointment on 19th June 2023, and without any formal extension or reappointment by the appointing authority, the Cabinet Secretary for Transport.
Through lawyer Elly Okoth, the petitioner argues that Kinotiโs continued stay violates constitutional provisions on leadership, transparency, and accountability as outlined under Articles 73 and 232 of the Constitution, the Kenya Roads Act, and the Mwongozo Code of Governance for State Corporations.
โThere is no gazette notice, press release, board resolution, or legal instrument showing that the term of Mr. Kinoti was lawfully renewed or extended,โ the petition states, adding that the actions amount to usurpation of public office and undermine public trust in the governance of State agencies.
Masambu wants the court to declare Kinotiโs continued occupation of office unconstitutional, illegal and null and void. He is also seeking an injunction to bar him from continuing to act as Director General and an order compelling the KURA Board and the Cabinet Secretary to initiate a lawful recruitment process.
He further argues that any decisions, directives or expenditures made by Kinoti since June 2023 risk being invalidated, potentially exposing the authority to legal and financial risk.
โThe Kenya Roads Act and Mwongozo Code emphasize performance appraisals, merit-based recruitment, and time-bound appointments. Disregarding this sets a dangerous precedent,โ the petition warns.
The case raises key questions about adherence to leadership term limits and oversight of public appointments in Kenya. The matter is pending before the court.
