A constitutional petition has been filed in the High Court at Kiambu, challenging the continued tenure of Kenya Urban Roads Authority (KURA) Director-General Eng. Silas Murira Kinoti. The petition, lodged by Omondi Charles and Velma Ongalo, alleges that Kinoti's term expired on June 18, 2026, and that he has continued to exercise the office's powers without a current legal mandate.
According to the petition, Kinoti was first appointed on June 19, 2020, for a fixed term ending June 18, 2023. He then served a second term that concluded on June 18, 2026. The petitioners claim they have not received any appointment letter, Gazette notice, board resolution, or any other instrument that would legally extend or renew Kinoti's appointment beyond the stated expiry date.
The petitioners are seeking a court order compelling KURA and other respondents to produce any documentation that might justify Kinoti's continued occupancy of the post. They rely on a recent Court of Appeal ruling, which states that the mere expiry of a fixed-term appointment does not automatically create a right or expectation of renewal. The petitioners argue that continued exercise of statutory powers without clear authority raises legal concerns.
The petitioners request a declaration that Kinoti's term ended on June 18, 2026, and that the court restrain him from performing Director-General functions unless a valid, subsisting appointment is demonstrated. However, they clarify that they do not seek to halt KURA's operations. The petition names KURA's Board of Directors, the Cabinet Secretary for Roads and Transport, the Attorney-General, and Kinoti himself as respondents.
Justice Francis Nyungu Kyambia heard the petition on October 2, 2026, but declined to certify it as urgent. The petitioners were ordered to serve the respondents within seven days, with the respondents given a similar period to file responses. The matter is scheduled for a substantive hearing on November 16, 2026.
The petition has significant implications for KURA and the transport sector in Kenya. If the court rules in favor of the petitioners, it could lead to changes in the leadership of KURA. The outcome may also have broader implications for the appointment and tenure of officials in Kenyan government agencies.
The case will continue to be closely watched as it progresses through the courts. The court's decision will provide clarity on the tenure of KURA's Director-General and the procedures for appointment and renewal of contracts for senior officials in government agencies.
Key points
- The petitioners claim Kinoti's term as KURA Director-General expired on June 18, 2026.
- The petition seeks a declaration that Kinoti's term ended and restrains him from performing Director-General functions unless a valid appointment is demonstrated.
- The matter is scheduled for a substantive hearing on November 16, 2026.
