Man moves to court to oust KURA boss Silas Kinoti from office
According to court documents, Kinoti has continued to “unlawfully usurp and occupy” the office, in violation of the Constitution, the Kenya Roads Act, the Mwongozo Code of Governance, and the principles of accountability and public trust set out under Article 73.
A man has filed a petition in court seeking the removal of the Director General of the Kenya Urban Roads Authority (KURA), Silas Kinoti, from office for allegedly overstaying his term.
In a petition lodged by Joseph Masambu before the Employment and Labour Relations Court, he argues that Kinoti’s three-year term, which commenced on 19 June 2020, expired over a year ago, with no record of lawful extension or reappointment by the appointing authority, namely the Cabinet Secretary for Transport.
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According to court documents, Kinoti has continued to “unlawfully usurp and occupy” the office, in violation of the Constitution, the Kenya Roads Act, the Mwongozo Code of Governance, and the principles of accountability and public trust set out under Article 73.
“No gazette notice, no public board resolution, no recruitment advertisement, and no performance appraisal — just silence, and continued illegal occupancy,” reads the petition, filed by Okoth Elly & Company Advocates.
The petition accuses both the KURA Board and the Transport Ministry of complicity and gross dereliction of duty, alleging that they have failed to initiate or make public any proper reappointment or competitive recruitment process.
Citing constitutional breaches under Articles 10, 73, 75 and 232, the petition seeks a court declaration that Kinoti’s continued stay in office is unlawful, an immediate injunction to bar him from acting in the role, and an order compelling a fresh, merit-based recruitment exercise.
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