New lawsuit questions legality of KURA Director-General's continued stay

The legality of Silas Kinoti's continued leadership of the Kenya Urban Roads Authority (KURA) is facing renewed scrutiny after another petitioner moved to court, seeking records to establish whether the director-general is still lawfully entitled to hold the position.

Francis Awino has petitioned the High Court to order KURA's board to disclose the documents supporting Kinoti's continued stay in office, arguing that his second three-year term allegedly expired on June 18 without clarity on whether he received a fresh mandate.

The latest challenge comes just weeks after two other petitioners filed a separate case at the High Court in Kiambu, also questioning the authority under which Kinoti continues to discharge his duties.

Awino wants the court to examine the impact of amendments to the Kenya Roads Act passed in 2025, which introduced a three-year tenure for directors-general of KURA, the Kenya National Highways Authority and the Kenya Rural Roads Authority, with only one renewal permitted.

The changes were aimed at bringing the leadership terms of the three state agencies into line with the Mwongozo Code for State Corporations.

Under the transitional provisions, directors-general already in office were allowed to complete their remaining terms, while those serving their first terms could qualify for an additional year.

Kinoti was appointed KURA director-general in June 2020 after serving as acting head of the authority from 2015. He began his second three-year term in June 2023, placing his continued service at the centre of the legal questions now before the court.

Awino argues that the court must establish whether the amended law permits Kinoti to remain in office and whether the board issued any formal instrument extending or renewing his appointment.

He is seeking the original appointment letter, any subsequent renewal or reappointment documents, board resolutions and approvals connected to the director-general's tenure.

"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 Awino.

The petitioner maintains that the requested records are necessary to determine whether Kinoti has a lawful mandate to continue exercising the powers and responsibilities attached to the office.

KURA's board and Kinoti have been named as respondents, while the Public Service Commission and the Attorney-General have been included as interested parties.

However, the court declined to fast-track the proceedings after Justice David Mburu ruled that the application had not demonstrated sufficient urgency.

"There is no urgency demonstrated and I therefore decline to certify the matter as urgent" said Justice Mburu.

The judge directed Awino to serve the respondents with the court papers within seven days, giving them and the interested parties 14 days from the date of service to file their responses.

The matter will return to court for mention on December 2.

Apart from the leadership dispute, Awino has expanded his petition to cover KURA's handling of public resources and the implementation of selected road projects.

He is seeking an independent audit of works undertaken or proposed during the 2025-2026 financial year, with the review covering procurement procedures, contract awards, variations, payments, supervision and completion.

The projects listed in the petition include Nairobi City streetlighting, Kibondeni College and Kabarsiran access roads, Kileleshwa University access roads and parking, as well as rehabilitation works along the Molongo-Kamulu road.

Awino wants the authority to provide tender and evaluation records, contracts, bills of quantities, payment certificates, inspection reports and existing audit findings.

The documents would help establish whether the projects received the necessary approvals, were properly supervised and whether payments were made in line with the work carried out.

In his supporting affidavit, Awino says his decision to approach the court is driven by public interest rather than personal gain.

"I seek no personal benefit from these proceedings and bring them solely in the public interestẠỊhe states in his supporting affidavit.

The latest petition adds to an ongoing legal dispute over Kinoti's position, following a separate application lodged in Kiambu by Charles Omondi and Velma Ongalo.

The two sought disclosure of the legal documents Kinoti relies on to remain in office and asked the court to bar him from performing the director-general's functions unless he could demonstrate that he had a valid appointment.

Justice Francis Kyambia also declined to certify their application as urgent, setting it down for hearing on November 16.

The two cases now place the spotlight on the legal arrangements governing Kinoti's tenure, with the courts expected to consider the authority's appointment records and the effect of the changes introduced to the Kenya Roads Act.