The High Court has given Kenya Ports Authority (KPA) Managing Director and Chief Executive Officer Captain William Kipkemboi Ruto 14 days to respond to a petition challenging his continued stay in office.
The petition, filed by Francis Awino, questions the legality of Captain Ruto’s continued occupation of the KPA chief executive position, with the petitioner arguing that his initial three-year term expired on March 9, 2026. The appointment took effect on March 10, 2023, according to the petition.
Awino claims there is no publicly available Gazette Notice, appointment instrument or other document showing that Captain Ruto was reappointed, renewed or granted an extension after the expiry of the three-year term. The petitioner has consequently asked the court to issue conservatory orders suspending Captain Ruto from exercising the powers and functions of KPA managing director and CEO pending the hearing and determination of the case.
He is also challenging the continued payment of the salary, allowances, benefits and other remuneration attached to the office while the legality of the tenure remains in dispute. Awino wants the KPA Board to produce documents that would establish the legal basis for Captain Ruto’s continued occupation of the position. The documents sought include board resolutions, minutes, approvals and other instruments relating to any appointment, renewal or extension of his tenure.
The petitioner argues that allowing the disputed exercise of the office to continue could have implications for decisions made by KPA, including contracts, procurement, financial commitments, appointments and other administrative actions. He has also raised concerns over the use of public funds in paying remuneration attached to the position while the question of Captain Ruto’s mandate remains before the court.
The petition cites Articles 1, 2, 3, 73, 75, 201 and 232 of the Constitution, alongside provisions of the Government Owned Enterprises Act, 2025. Awino argues that the transitional provisions of the new law did not automatically confer a fresh or indefinite term on Captain Ruto after his original appointment expired. The case names the KPA Board of Directors, the Public Service Commission and Captain Ruto as respondents, while the Salaries and Remuneration Commission is listed as an interested party.
Awino has maintained that he is not asking the court to determine the substantive petition at the interlocutory stage. Instead, he wants interim orders to preserve the subject matter of the dispute until the court determines whether Captain Ruto has a valid mandate to remain in office.
