Petition seeking removal of KURA Director-General Silas Kinoti set for hearing on Tuesday

Petition seeking removal of KURA Director-General Silas Kinoti set for hearing on Tuesday
Petition seeking removal of KURA Director-General Silas Kinoti set for hearing on Tuesday - KURA Director General Silas Kinoti peruses documents during a past event. (Photo: Handout)
KURA Director General Silas Kinoti peruses documents during a past event. (Photo: Handout)

The court ordered that the application be served on the respondents and interested parties within 14 days and fixed the matter for an inter partes hearing on June 16.

A petition seeking the removal of Kenya Urban Roads Authority (KURA) Director-General Silas Kinoti from office will be heard on Tuesday after the Employment and Labour Relations Court directed that all parties be served and responses filed ahead of an inter partes hearing scheduled for June 16.
Justice Jemimah Wanza Keli issued the directions after reviewing an application filed by petitioner Masha Wario, who is challenging the legality of Kinoti's continued stay at the helm of the roads agency.
The court ordered that the application be served on the respondents and interested parties within 14 days and fixed the matter for an inter partes hearing on June 16.

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In the petition, Wario claims Kinoti has allegedly exceeded the maximum tenure allowed for the office of Director-General and is unlawfully occupying the position. He argues that the office is allegedly subject to a two-term limit of three years each and contends that Kinoti has entered a third term without any publicly disclosed legal authority.
The petitioner is seeking conservatory orders barring Kinoti from continuing to discharge the functions of the office pending the determination of the case. He also wants the court to stop the execution of new contracts, approvals and commitments by the KURA boss and compel the production of appointment documents, renewal instruments, board resolutions, gazette notices and any records authorising his continued stay in office.
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According to court documents, Wario argues that public office is a constitutional trust and that any exercise of authority outside the law is unconstitutional. He maintains that there is no publicly available instrument demonstrating compliance with constitutional and statutory requirements for Kinoti's continued occupation of office.

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The petition further claims that Kinoti continues to sign contracts, approve institutional decisions and issue administrative directives despite questions over the legality of his tenure. Wario argues that decisions made under a disputed tenure framework could expose KURA to legal and financial risks if the court ultimately finds the continued occupation of office unlawful.
The suit names the Public Service Commission and the Kenya Urban Roads Authority Board as respondents, while the Ethics and Anti-Corruption Commission has been listed as an interested party.
The court is expected to consider tomorrow whether interim orders should be granted as the substantive challenge to Kinoti's tenure proceeds.

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