Two Kenyan citizens, Charles Omondi and Velma Ongalo, have filed a petition with the High Court in Kiambu, challenging the continued stay in office of Kenya Urban Roads Authority (Kura) Director-General Silas Kinoti. They claim that Kinoti's six-year term expired on June 18, 2026, and that he has no valid legal mandate to continue exercising the statutory functions of the authority's director-general. The petitioners want the court to determine the legitimacy of Kinoti's continued stay in office.
According to the petitioners, Kinoti was appointed to the position on June 19, 2020, for a fixed term and subsequently served a further term that expired on June 18, 2026. They claim to have been unable to identify any subsequent appointment, reappointment, renewal, extension, or other legal instrument authorizing Kinoti to remain in office after that date. The petitioners are seeking an order compelling Kura to disclose and produce the instrument relied upon as the source of Kinoti's authority to occupy and exercise the functions of director-general after June 18.
The petitioners are seeking several orders, including one directing Kura to disclose and produce the appointment letter, Gazette Notice, board resolution, renewal, extension, reappointment, transitional instrument, or other legal instrument relied upon as the source of Kinoti's authority to occupy and exercise the office after June 18, 2026. They claim that more than 100 days had elapsed since the alleged expiry of Kinoti's term when they filed the case. The petitioners argue that Kinoti's continued stay in office is unlawful and that the authority is being run without a valid director-general.
The High Court in Kiambu, however, declined to temporarily stop Kinoti from exercising the duties of director-general or certify the case as urgent. Instead, the court directed the petitioners to serve the proceedings on Kinoti, the Attorney-General, and the Cabinet Secretary for Roads and Transport within seven days. The case will be heard on November 16. The court's decision not to grant the petitioners' request for an interim order has allowed Kinoti to continue serving as director-general for now.
The petitioners' case raises questions about the legitimacy of Kinoti's continued stay in office and the governance of Kura. If the court rules in favor of the petitioners, it could have implications for the authority's operations and the appointment of its leadership. The case also highlights the importance of adhering to the terms of appointment and the need for government agencies to ensure that their leadership is properly authorized.
The Kura director-general's term has been a subject of controversy, with the petitioners arguing that his continued stay in office is unlawful. The case has sparked debate about the accountability and transparency of government agencies and the need for them to operate within the law. The court's decision on November 16 will determine the fate of Kinoti's tenure as director-general and have implications for the governance of Kura.
Key points
- The petitioners claim that Kinoti's six-year term expired on June 18, 2026, and that he has no valid legal mandate to continue exercising the statutory functions of the authority's director-general.
- The High Court in Kiambu declined to temporarily stop Kinoti from exercising the duties of director-general or certify the case as urgent.
- The case will be heard on November 16, and its outcome will determine the legitimacy of Kinoti's continued stay in office.
