Petition filed seeking removal of KURA boss Kinoti over alleged expired term

KURA Director-General Eng. Silas Murira Kinoti. [File, Courtesy]

A fresh petition has been filed before the High Court seeking the removal of KURA Director-General Eng Silas Murira Kinoti over alleged continued occupation of office after his term expired.

The petitioners, Omondi Charles and Velma Ongalo, also want the court to determine whether Kinoti has a valid and subsisting legal mandate to continue occupying and exercising the statutory functions of Director-General after June 18, 2026.

"A conservatory order to restrain Kinoti from purporting to exercise the statutory functions of Director-General of KURA unless and until the authority board demonstrates a valid and subsisting legal mandate authorising such exercise," the petitioners asked the court.

They have also asked the court to compel the Kenya Urban Roads Authority board to disclose any appointment letter, Gazette Notice, board resolution, renewal, extension, reappointment or other legal instrument relied upon to justify Kinoti’s continued stay in office.

“The central issue before this Honourable Court is whether the 2nd Respondent (Kinoti) presently has a lawful and subsisting mandate to occupy and exercise the statutory functions of Director-General of the 1st Respondent (KURA)," they state

The petitioners claim Kinoti was appointed KURA Director-General on June 19, 2020, for a fixed term which expired on June 18, 2023, after which he served a further term.

According to the petition, the further term expired on June 18, 2026, meaning 103 days had elapsed by September 29, when the proceedings were filed.

Omondi and Ongalo say they have not been furnished with any subsequent appointment, renewal, extension or other instrument establishing a further term for Kinoti.

They have, however, stopped short of claiming as an absolute fact that no such instrument exists, instead asking the Kura and its board to produce it if they rely on one.

“The Petitioners do not, however, contend as an absolute fact that no such instrument exists; rather, they seek disclosure of any such instrument if the Respondents rely upon one as the legal basis of Kinoti's continued occupation and exercise of the office," they state.

The petitioners argue that continued exercise of statutory powers without a demonstrated current legal mandate raises questions concerning the rule of law, accountability, transparency and public trust.

They contend that continued occupation of a public office cannot, by itself, constitute a lawful extension or renewal of a fixed term.

“The Petitioners plead that a fixed-term public engagement ordinarily expires by effluxion of time unless lawfully renewed, extended or otherwise continued under an applicable legal instrument," the petition states

The petitioners want the High Court to scrutinise the legal basis, if any, upon which Kinoti has continued to occupy and exercise the powers attached to the office.

They have asked the court to declare that Kinoti’s fixed term as Director-General expired on June 18, 2026, subject to proof of any valid subsequent appointment or other lawful instrument.

They further want an order prohibiting him from purporting to exercise the statutory functions of Director-General unless and until a valid and subsisting legal mandate authorising such exercise is demonstrated.

The petitioners have also asked the court to direct KURA to ensure that the functions of Director-General are exercised only by a person or arrangement possessing lawful authority.

The petitioners have disclosed that related proceedings concerning Kinoti’s tenure had previously been filed before the Employment and Labour Relations Court in Nakuru and Machakos.

They state that ELRC Petition No. E030 of 2026 at Nakuru and ELRC Petition No. E019 of 2026 at Machakos were withdrawn before determination on their merits.

They maintain that their case is a fresh constitutional proceeding brought under Articles 22, 23, 165 and 258 of the Constitution.

The petitioners further argue that they do not seek to paralyse KURA’s operations but only want its statutory functions exercised through a person or arrangement with lawful authority.

“The Petitioners do not seek to interfere with the statutory functions of KURA. The Petitioners seek lawful continuity of those functions.”

They have also asked the court to order KURA to take all lawful steps necessary for the proper filling of the office or lawful interim administration of the Director-General’s functions.

Justice Francis Kyambia declined to certify the application as urgent and directed the parties to first serve and respond to the pleadings before the application is heard.

The judge ordered the petitioners to serve the respondents with the petition and application within seven days and file an affidavit of service.

The respondents were directed to file and serve their responses to both the application and petition within seven days of service.

The case will be heard on November 16, 2026.