The High Court in Kiambu declined to certify as urgent a constitutional petition challenging the continued occupation of the Director-General’s office at the Kenya Urban Roads Authority (KURA).
Justice Francis Nyungu Kyambia, in a ruling delivered on October 2, directed the parties to follow the court’s ordinary procedure and fixed the application for hearing on November 16.
The petition was filed on September 29, by Omondi Charles and Velma Ongalo, who allege that Eng. Silas Murira Kinoti has continued to serve as KURA’s Director-General for 103 days after his fixed term allegedly expired on June 18, 2026.
The petitioners say they have not been furnished with any Gazette Notice, appointment letter, board resolution or other legal instrument authorising Kinoti’s continued occupation of the office.
Through EM Kaburu Law Advocates, they argue that the continued exercise of statutory authority without a demonstrated legal mandate raises constitutional questions under Articles 1, 2, 3, 10, 73 and 232 of the Constitution.
The petitioners also cited a recent Court of Appeal decision, Jadiah M. Mwarania v Cabinet Secretary, National Treasury and Planning & 2 others [2026] KECA 1351 (KLR), in which the court held that expiry of a fixed-term public engagement does not create a legitimate expectation of automatic renewal.
They had sought conservatory orders restraining Kinoti from exercising substantive statutory powers pending the hearing and determination of their application.
The petitioners also want the respondents to disclose any legal instrument relied upon to justify Kinoti’s continued exercise of the functions of Director-General.
They maintain that the proceedings are not intended to interfere with KURA’s operations, but are aimed at ensuring that the authority’s statutory functions are exercised under a valid legal mandate.
However, Justice Kyambia declined to certify the Notice of Motion as urgent and issued directions for the matter to proceed to hearing.
The petitioners have been directed to serve the motion and petition on the respondents within seven days.
The respondents will have seven days from the date of service to file and serve their responses, while the petitioners may file further affidavits and submissions within seven days after receiving the responses.
The respondents will then have a further seven days to file their submissions.
The application will be heard on November 16, 2026.
The petitioners have sued the KURA Board of Directors, Kinoti, the Cabinet Secretary for Roads and Transport and the Attorney-General.
The petitioners further alleged that they had previously instituted related proceedings before the Employment and Labour Relations Courts in Nakuru and Machakos, but withdrew the cases before they were determined.
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