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. The court is expected to consider whether interim orders should be granted as the substantive challenge to Kinoti's tenure proceeds.
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.
Further, Wario wants the court to compel the production of appointment documents, renewal instruments, board resolutions, gazette notices, and any records authorising his continued stay in office.
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.
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.
PSC is responsible for appointments and human resource oversight in state corporations, the KURA Board oversees the authority and recommends the DG for appointment and EACC’s inclusion suggests the petitioner may be raising governance or integrity questions beyond tenure.
KURA manages urban roads in cities and municipalities, awarding billions in construction and maintenance contracts annually. If the court issues conservatory orders, Kinoti could be barred from signing new contracts or approving payments, potentially disrupting ongoing projects.
The petition specifically seeks to stop the execution of new contracts, approvals, and commitments by the DG pending hearing. That raises immediate questions for contractors and county governments partnering with KURA on urban road works.
Legal experts say courts often weigh public interest when deciding on interim orders against CEOs of state agencies. Suspending a DG can paralyze operations, but allowing a disputed officeholder to continue can create liability if contracts are later voided.
The Mwongozo Code of Governance for State Corporations and various enabling Acts typically cap CEOs at two terms of three years each, with renewal subject to performance and board approval. Extensions beyond six years have been challenged in court before, with mixed outcomes depending on the specific statute and appointment letters.
Kinoti was first appointed KURA DG in 2016 and reappointed in 2019. The petition alleges he is now serving a third term. The court is expected to consider tomorrow whether interim orders should be granted as the substantive challenge to Kinoti's tenure proceeds.
