A storm is brewing at the heart of Kenya’s road infrastructure agency.
Nairobi-based public interest litigant Joseph Masambu has filed a constitutional petition seeking to remove Silas Kinoti from office.
Kinoti is the Director General of the Kenya Urban Roads Authority (KURA).
The petitioner accuses him of overstaying his term in office. He says the continued stay raises questions about accountability and legality.
Petitioner challenges KURA boss’ tenure
The petition was filed before the Employment and Labour Relations Court.
It claims Kinoti’s three-year term expired over a year ago.
His term began on June 19, 2020.
According to the suit documents, there is no record of a lawful extension or reappointment by the appointing authority.
The appointing authority is the Cabinet Secretary for Transport.
The petitioner claims Kinoti has continued to “unlawfully usurp and occupy” the office of Director General.
He argues that this violates the Constitution, the Kenya Roads Act, and the Mwongozo Code of Governance.
The petition also cites principles of accountability and public trust under Article 73.
“No gazette notice, no public board resolution, no recruitment advertisement, and no performance appraisal — just silence, and continued illegal occupancy,” states the petition filed by Okoth Elly & Company Advocates.
Sh200 million claim raised in petition
The petition also raises allegations involving claims that Kinoti allegedly boasted in private circles.
The petitioner claims Kinoti allegedly stated that he paid Ksh200 million to secure his position.
The petitioner further claims Kinoti said he received support from influential elders within the Njuri Ncheke Council.
He alleges that the support did not come from the President.
The allegations have not been proven in court.
The claims have attracted public attention due to questions surrounding public appointments.
“This isn’t just a case of a term gone stale — it’s symptomatic of a culture where public offices are traded like personal businesses,” a source close to the legal team said.
Petitioner accuses KURA Board and Transport Ministry of inaction
The petition accuses the KURA Board and the Ministry of Transport of failing to act.
Masambu claims the institutions have remained silent over Kinoti’s continued stay in office.
He argues that they have failed to initiate a proper reappointment process.
He also claims they have not conducted a competitive recruitment exercise.
The petitioner says the situation violates constitutional principles on leadership, integrity, accountability, and public service.
Court asked to remove Kinoti from office
The petition cites alleged violations of Articles 10, 73, 75, and 232 of the Constitution.
Masambu wants the court to declare Kinoti’s continued stay in office illegal.
He is also seeking an injunction to stop Kinoti from acting as Director General.
Additionally, he wants the court to order a fresh and merit-based recruitment process.
Case attracts public interest
The matter is expected to attract attention from civil society groups, Parliament, and the Office of the Auditor General.
A transport sector insider warned that failure to address the matter could create a dangerous precedent.
“If this goes unchallenged, it will set a dangerous precedent — where Directors General become life members, aided by silence and shadowy endorsements,” the insider said.
The petition is scheduled for urgent mention in early August.
If the court allows the petition, the case could have wider implications for accountability and governance within Kenya’s public institutions.
