KURA Boss Silas Kinoti Sued Over Alleged Sh13B Tender Fraud

Two activists have moved to court seeking temporary suspension of a roads agency chief, pending a lifestyle audit.

Stephen Kiiria and John Karuu have sought an order directing the chief executive officer of Kenya Urban Roads Authority Silas Kinoti to proceed on leave, pending the audit.

The duo says Kinoti should proceed on leave to pave the way for thorough investigations and the Assets Recovery Agency to execute its mandate as guided by the law.

It is the argument of the duo that there are overwhelming illegalities, irregularities and circumvention of the law that was done by Kinoti in his capacity of the director general and the CEO of Kenya Urban Roads Authority.

“There is corruption, nepotism tribalism, illegal, unlawful and irregular award of tenders, abuse of office and mismanagement public funds by the public,” the duo state in the court documents.

The duo claimed that there are irregularities in the construction and improvement of three road projects at a cost of Sh.13.2billion.

The projects in question are establishment of bus rapid transit line 5 at a cost of Sh.6.5billion, the Nairobi intelligent transportation system establishment and junctions’ improvement project phase 1 at a cost of Sh.6.7billion and the Nairobi Outering Road improvement project.

According to the two, KURRA irregularly entered into contracts with an international company for consultancy in the establishment of the bus rapid transit line on May 24th 2022 for a period of 39 months.

There was also a tender for the Nairobi Intelligent transport system establishment and junction’s improvement project phase on May 5th 2022 for a period of 34.5 months.

“The undercurrents at Kenya Urban Roads Authority under the leadership of the Respondent have seen a list of companies and politicians pushing to be awarded tenders secretly than being made public. One such firm is Nigerian owned Reynolds Construction Company contracted to construct the Eastern Missing Link Roads which are a number of roads in the Industrial Area, parts of the Central Business District and Parklands, all totaling to 16 kilometers,” the claimed.

Among the areas where the contractor was involved in building and refurbishing Gikomba market, a link road from Accra Road to Ngara and Parklands.

At the board, the agency has respect for Charles Ciuri, the board chair and Luka Kimeti representing the Principal Secretary for the State Department of Roads.

Kiiria and Karuu further sought a permanent order prohibiting Kinoti from holding his office or executing his duties pending hearing and determination of this petition.

They want KURA boss declared unfit to hold any other public office because he has grossly violated the Constitution and other laws, and is guilty of gross misconduct.

They claim that Kinoti has disregarded the whole of chapter 6 of the Constitution which requires persons both state and public officers to uphold integrity.

They claim that it has been reiterated times above number that the terms of chapter six of the Constitution to the effect, it was not enacted in vain or for cosmetic reasons; that the authority assigned to a state or public officer is a public trust to be exercised in a manner that demonstrates respect for the people; brings honor to the nation and dignity to the office.

“It commands the enactment of legislation on leadership and integrity, the Leadership and Integrity Act, 2012, which was enacted for the effective administration of chapter six of the Constitution,” said the duo.

They said the Act obligates a State officer to respect the values and principles of the Constitution.

The said Act establishes the General Leadership and Integrity Code, which is a code of conduct applicable to all State officers.

In addition to the said Code, the Act requires each public entity to prescribe a specific leadership and integrity code for the State officers in those entities,, they added.

Kiiria and Karuu adds that removal from office is therefore the Constitution’s final answer, a safety valve, to a State officer or a public servant who mistakes himself for a monarch.

“As they say, power corrupts, and the framers of the Constitution being cognizant of this fact, built guardrails against autocratic exercise of power by the leaders,” they said in the court documents.

Justice Enock Mwita has directed them to serve Kinoti and the matter will be mentioned on 31st of March for further directions.