A fresh court battle has been launched against Kenya Urban Roads Authority (KURA) Director General Silas Kinoti after a Nairobi resident filed a constitutional petition seeking his removal from office over claims that he has exceeded the maximum tenure permitted under the law.
The petition, filed before the Employment and Labour Relations Court in Nairobi by Masha Wario, argues that Kinoti’s continued stay in office raises serious constitutional, governance and leadership concerns.
According to court documents, the petitioner contends that the office of Director General of KURA is a senior public office entrusted with significant public responsibilities and must therefore be exercised strictly within the confines of the law. The petition alleges that Kinoti has already served the maximum tenure applicable to the position and is unlawfully continuing to exercise the powers of the office.
The petitioner claims that publicly available information indicates that the KURA chief was initially appointed for a three-year term and later received a further three-year renewal, resulting in a cumulative six-year tenure.
The petition argues that no publicly available Gazette Notice, board resolution or lawful instrument has been disclosed demonstrating compliance with statutory requirements permitting any further extension of tenure beyond the alleged six-year period.
Wario further contends that despite concerns regarding the legality of his continued stay in office, Kinoti continues to undertake executive functions including signing contracts, issuing directives, approving institutional decisions and representing the authority in official capacities.
According to the petition, such actions could expose public institutions to legal uncertainty and potentially affect the validity of administrative and contractual decisions made during the disputed period.
The case names the Public Service Commission and the Kenya Urban Roads Authority Board as respondents, while Kinoti and the Ethics and Anti-Corruption Commission have been listed as interested parties.
Among the orders being sought, the petitioner wants the court to declare Kinoti’s continued occupation of the office unconstitutional, unlawful, null and void. The petitioner is also seeking orders compelling relevant authorities to remove him from office and restraining him from further exercising powers associated with the position pending determination of the case.
Court records show that Justice Jemimah Keli has directed that the application be served upon the respondents and interested parties within 14 days.
The court further ordered that the matter be heard inter partes on June 16, 2026. At this stage, the court has not made any findings regarding the allegations raised in the petition, which remain subject to responses from the parties and determination by the court.
