Two citizens have moved to court challenging the continued stay in office of Kenya Urban Roads Authority (Kura) Director-General Silas Kinoti, claiming his six-year term expired in June.
Charles Omondi and Velma Ongalo want the High Court to determine whether Mr Kinoti has a valid legal mandate to continue exercising the statutory functions of the authority’s director-general.
In their petition, the two claim Mr Kinoti was appointed to the position on or about June 19, 2020, for a fixed term and subsequently served a further term which, according to information and documents available to them, expired on June 18, 2026.
They say they have been unable to identify any subsequent appointment, reappointment, renewal, extension or other legal instrument authorising Mr Kinoti to remain in office after that date.
The petitioners are seeking an order compelling Kura to disclose and, where applicable, produce the instrument relied upon as the source of Mr Kinoti’s authority to occupy and exercise the functions of director-general after June 18.
‘An order directing the 1st Respondent (Kura) to disclose and, where applicable, produce the appointment letter, Gazette Notice, board resolution, renewal, extension, reappointment, transitional instrument or other legal instrument relied upon as the source of the 2nd Respondent’s authority to occupy and exercise the office after 18th June 2026,’ they said.
The petitioners claim more than 100 days had elapsed since the alleged expiry of Mr Kinoti’s term when they filed the case.
The High Court in Kiambu, however, declined to temporarily stop Mr 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 Mr Kinoti, the Attorney-General and the Cabinet Secretary for Roads and Transport within seven days.