High Court declines to certify petition as urgent as applicants seek clarity on legal basis for Kinoti’s continued stay in office
The High Court in Kiambu has set November 16, 2026, for the hearing of a petition challenging the continued tenure of Kenya Urban Roads Authority (KURA) Director-General Eng. Silas Murira Kinoti.
Justice Francis Nyungu Kyambia declined to certify the matter as urgent but directed the petitioners to serve the application and petition on the respondents within seven days.
The case was filed by Omondi Charles and Velma Ongalo, who are questioning whether Kinoti has a valid and subsisting legal mandate to continue occupying and exercising the functions of KURA Director-General.
According to the petition, Kinoti was appointed to the position on June 19, 2020, for a fixed term. The petitioners claim his initial term ended on June 18, 2023, followed by a further term which, according to documents and information in their possession, expired on June 18, 2026.
The petitioners say they have not been provided with an appointment letter, Gazette Notice, board resolution, renewal, extension, reappointment or other legal instrument demonstrating that Kinoti’s tenure was extended beyond June 18, 2026.
However, they acknowledge that they cannot state conclusively that no such instrument exists. They have therefore asked the court to require KURA and the other respondents to disclose any document relied upon to justify Kinoti’s continued tenure.
Orders Sought
The petitioners want the court to determine whether Kinoti has a valid legal mandate to continue exercising the statutory functions of Director-General after June 18, 2026.
They are also seeking an order requiring KURA to produce any legal instrument supporting his continued occupation of the position.
Among the reliefs sought is an order restraining Kinoti from exercising the statutory functions of Director-General if the court finds that no valid legal mandate exists.
The petitioners state that they are not seeking to disrupt KURA’s operations, but want the authority’s functions to continue under a person or arrangement authorised by law.
Respondents Given Seven Days
In directions issued on October 2, Justice Kyambia gave the respondents seven days after service of the petition and application to file and serve their responses.
The petitioners will then have seven days to file any further affidavits and submissions, after which the respondents will have a similar period to file their submissions.
The court has not made a determination on the substance of the petition or whether Kinoti’s tenure is lawful.
The matter is scheduled for hearing on November 16, 2026.
The respondents named in the petition include the KURA Board of Directors, Kinoti, the Cabinet Secretary responsible for Roads and Transport and the Attorney-General.
