Silas Kinoti accused of illegally holding Director General position since June 2023
A constitutional crisis is brewing at the Kenya Urban Roads Authority after a public interest petitioner challenged Director General Silas Kinoti’s continued stay in office, claiming his appointment expired over a year ago.
Joseph Masambu has moved to court alleging that Kinoti has been operating illegally as KURA’s chief executive since June 19, 2023, when his three-year contract expired without any formal renewal or reappointment by the Transport Cabinet Secretary.
The case, filed before the Employment and Labour Relations Court in Nairobi through lawyer Elly Okoth, accuses Kinoti of violating constitutional provisions on leadership accountability and transparency. Masambu argues that no gazette notice, press release, board resolution, or legal instrument exists to show Kinoti’s term was lawfully extended.
Kinoti’s tenure at KURA tells a story of prolonged interim positions.
He first became acting Director General in September 2015, serving in that capacity for nearly five years before his formal confirmation on June 18, 2020.
Then-Transport Cabinet Secretary James Macharia announced the appointment following what was described as a competitive and transparent recruitment process, granting Kinoti a three-year contract renewable once.
However, when that contract expired in June 2023, no public announcement or documentation has emerged showing any renewal or extension process. This silence has become the foundation of Masambu’s legal challenge.
The petition strikes at fundamental governance principles enshrined in Kenya’s Constitution. Articles 73 and 232 demand transparency, accountability, and merit-based appointments in public service.
The Kenya Roads Act and Mwongozo Code of Governance for State Corporations similarly emphasize time-bound appointments and performance-based renewals.
Masambu warns that disregarding these frameworks sets a dangerous precedent that undermines public trust in state agency governance.
More critically, he argues that any decisions, directives, or expenditures made by Kinoti since June 2023 risk invalidation, potentially exposing KURA to significant legal and financial liability.
Mounting Controversies
This legal challenge emerges amid a series of controversies surrounding Kinoti’s leadership.
In July 2024, activist Ezekiel Oyugi filed a separate petition seeking his removal over alleged procurement irregularities in three road projects.
More recently, reports surfaced of alleged overpayments totaling Sh687 million to contractors for incomplete works.
Interestingly, in July 2025, Kinoti publicly denied reports that he was proceeding on terminal leave, with KURA issuing a statement calling such reports false.
This denial now takes on deeper significance given the questions about his legal authority to remain in office.
The implications extend far beyond one appointment. KURA plays a crucial role in Kenya’s urban infrastructure development, managing billions in road construction and maintenance projects.
If the court finds Kinoti has been operating without legal authority, it could invalidate contracts, procurement decisions, and strategic initiatives undertaken over the past year.
The case also tests Kenya’s governance frameworks. How can a senior public official potentially operate without legal mandate for over a year? What oversight mechanisms failed, and what role should boards and parent ministries play in ensuring compliance with appointment terms?
Masambu seeks a court declaration that Kinoti’s continued occupation of office is unconstitutional and illegal.
He wants an injunction barring Kinoti from acting as Director General and an order compelling both the KURA Board and Transport Cabinet Secretary to initiate a lawful recruitment process.
The petitioner’s case hinges on the absence of any documentation showing legal renewal of Kinoti’s appointment.
This apparent administrative vacuum raises questions about whether convenience has trumped constitutional compliance in Kenya’s state corporations.
As the matter proceeds through court, it represents more than a personal challenge to Kinoti.
It’s a litmus test for Kenya’s commitment to constitutional governance and accountability in public service.
The outcome could force a comprehensive review of how appointment terms are managed across all state corporations, potentially strengthening oversight mechanisms that should prevent such situations.
For now, Kenya’s urban road infrastructure agency operates under a cloud of legal uncertainty, with its chief executive’s authority fundamentally questioned.
The court’s eventual ruling will determine whether administrative expediency can override constitutional requirements, setting precedents that could reshape governance practices across Kenya’s public sector.
