A Nairobi resident has filed a petition at the High Court challenging the continued stay in office of Kenya Ports Authority (KPA) Managing Director and Chief Executive Officer, Capt. William Kipkemboi Ruto.
Felix Otieno, represented by Sigano & Omollo LLP Advocates, wants the court to compel Capt. Ruto to demonstrate the legal authority under which he continues to serve as the head of KPA.
The petitioner argues that Capt. Ruto was appointed to a three-year term beginning March 10, 2023, which he claims ended on March 9, 2026. According to Otieno, there is no publicly available evidence of a lawful reappointment or extension of the tenure.
At the centre of the case is a change in the legal framework governing KPA. Otieno argues that the Government Owned Enterprises Act, 2025, which took effect on December 5, 2025, repealed the Kenya Ports Authority Act and introduced new requirements for the appointment of chief executives.
According to the petition, the new law places the responsibility for appointing or reappointing a CEO on a properly constituted board and requires the position to be filled through a competitive recruitment process.
Otieno further claims that KPA currently lacks a properly constituted board capable of exercising that authority. The petitioner says a company search conducted on September 2, 2026, indicated that KPA PLC had only two directors. He alleges that the records did not show an independent director or a representative of the ministry responsible for roads and transport.
He also claims that Capt. Ruto does not appear in the company’s records in any capacity. The petition further relies on a transitional provision in the 2025 legislation which provides that an incumbent CEO would, subject to the Act, continue serving as chief executive.
Otieno argues that the provision only allowed an incumbent to complete the remainder of an existing tenure and did not automatically create a new term of office. He contends that interpreting the provision as granting Capt. Ruto another term would defeat the Act’s requirement for competitive recruitment and other governance safeguards.
The petitioner is asking the High Court to issue a quo warranto order requiring Capt. Ruto to establish the legal basis for occupying the position. He is also seeking a declaration that any extension, renewal or reappointment undertaken without a properly constituted board is invalid.
Among the other orders sought is permission for a suitably qualified person to temporarily oversee KPA’s affairs while a fresh recruitment process is undertaken. Otieno says the dispute over the CEO’s tenure raises concerns about decisions affecting port infrastructure, public assets, procurement, borrowing, concessions and employment within the authority.
In a Certificate of Urgency, lawyer Justus Omollo asked the court to prioritise the matter, arguing that continued decision-making by an office-holder whose tenure is under challenge could create institutional uncertainty and potentially affect the public interest.
The petitioner has additionally asked the court to temporarily stop the payment of Capt. Ruto’s salary and allowances until the case is determined. He maintains that the orders being sought are not intended to interfere with the day-to-day operations of the Kenya Ports Authority.
The allegations and legal claims raised in the petition remain subject to determination by the court.
