A citizen has sued the Kenya Urban Roads Authority (KURA), seeking to compel its board to explain Director-General Silas Kinoti’s continued stay in office despite the alleged expiry of his second three-year term on June 18.
Mr Francis Awino wants the High Court to examine the legal basis of Mr Kinoti’s continued service and compel the board to produce the appointment records.
The petition comes a month after a separate case was filed at the High Court in Kiambu challenging Mr Kinoti’s continued stay in office.
The heart of the legal dispute is whether a valid instrument expressly authorised Mr Kinoti to remain the director-general after serving two terms.
KURA appointed him in June 2020 after he had served as acting director-general from 2015. His second term began in June 2023.
Kenya Urban Roads Authority (KURA) Director General Silas M. Kinoti before the National Assembly Public Investment Committee on Commercial Affairs and Energy on Tuesday, April 15, 2025.
Photo credit: File| Nation Media Group
The legal framework changed in 2025 when Parliament amended the Kenya Roads Act to limit the directors-general of KURA, the Kenya National Highways Authority and the Kenya Rural Roads Authority to three-year terms, renewable once.
Parliament said the amendment aligned the agencies’ leadership terms with the Mwongozo Code for State Corporations. The transitional clause states that serving directors-general would complete their unexpired terms, while those serving a first term could qualify for one further year.
Mr Awino wants the court to establish how that amendment applies to Mr Kinoti and whether any instrument authorises him to continue exercising the office’s powers. He wants the original appointment letter, renewal or reappointment instruments, board resolutions and approvals provided.
“The legal effect of the amendments upon the second respondent’s tenure must be determined by examining the applicable transitional arrangements together with his original appointment instrument, any renewal or reappointment instrument, and any other relevant instruments,” says Mr Awino.
The petition names KURA’s board and Mr Kinoti as respondents. The Public Service Commission and Attorney-General are listed as interested parties.
Justice David Mburu declined to certify the matter as urgent and directed Mr Awino to serve the respondents with court papers within seven days. The respondents and interested parties have 14 days after service to file responses. The case is scheduled for mention on December 2.
“There is no urgency demonstrated and I therefore decline to certify the matter as urgent,” said Justice Mburu.
Mr Awino wants an independent audit of selected works undertaken or proposed during the 2025–2026 financial year, covering procurement, contract awards, variations, payments, supervision and completion.
The projects include Nairobi City streetlighting, Kibondeni College and Kabarsiran access roads, Kileleshwa University access roads and parking, and Mlolongo-Kamulu rehabilitation.
Mr Awino seeks tender and evaluation documents, contracts, bills of quantities, payment certificates, inspection reports and audit findings. He wants records reviewed to establish whether projects were properly authorised, supervised and paid for.
“I seek no personal benefit from these proceedings and bring them solely in the public interest,” he states in his supporting affidavit.
The earlier Kiambu case by Charles Omondi and Velma Ongalo sought documents showing the authority Mr Kinoti is relying on to remain in office and asked the court to restrain him from exercising the director-general’s functions without a valid mandate.
Justice Francis Kyambia also declined to certify that application as urgent and set it for hearing on November 16.
