A storm is brewing at the heart of Kenya’s road infrastructure agency as a Nairobi-based public interest litigant, Joseph Masambu, has filed a scathing constitutional petition seeking to remove Mr. Silas Kinoti from office for allegedly overstaying his term as the Director General of the Kenya Urban Roads Authority (KURA) — and the claims are explosive.

At the core of the petition, filed before the Employment and Labour Relations Court, is a bold assertion that Mr. Kinoti’s three-year term — which began on June 19, 2020 — lapsed over a year ago, with no record of lawful extension or reappointment by the appointing authority, the Cabinet Secretary for Transport.

According to the suit documents, Mr. Kinoti has continued to “unlawfully usurp and occupy” the office in violation of the Constitution, the Kenya Roads Act, the Mwongozo Code of Governance, and principles of accountability and public trust enshrined in 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.
But that’s not all.
In a development that has already stirred political and public circles, the petitioner hints at disturbing whispers that the embattled DG may have allegedly boasted in private circles that he parted with Ksh 200 million to secure his seat, claiming support not from the President, but rather from influential elders within the Njuri Ncheke Council — a cultural outfit often accused of meddling in public office placements for personal or regional gain.
“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,” remarked a source close to the legal team.
The Petition accuses the KURA Board and the Transport Ministry of complicity, silence, and gross abdication of duty, saying they have failed to initiate or publicize any proper reappointment or competitive recruitment process.
Citing constitutional violations under Articles 10, 73, 75, and 232, the petition seeks a court declaration that Kinoti’s continued stay is illegal, an immediate injunction barring him from acting in the role, and a mandate compelling a fresh, merit-based recruitment.
The matter is expected to stir intense scrutiny as civil society, Parliament, and the Office of the Auditor General watch keenly.
As one transport sector insider put it, “If this goes unchallenged, it will set a dangerous precedent — where Directors General become life members, aided by silence and shadowy endorsements.”
The Petition is scheduled for urgent mention early August. If successful, it could be a major blow to entrenched impunity within Kenya’s public institutions — and send a clear message that no office is above the law.