Kenya Ports Authority Managing Director Capt. William Kipkemboi Ruto has been given 14 days to explain his continued stay in office after a petitioner questioned whether his three-year mandate ended in March 2026.
High Court Judge Jairus Naga on Wednesday directed Capt. Ruto and the other respondents to file and serve their responses within 14 days, setting the stage for further directions when the case comes up before the court.
The petition, filed by Francis Awino, disputes the legality of Capt. Ruto’s continued occupation of the KPA chief executive position.
Awino says Capt. Ruto was appointed for a three-year term beginning March 10, 2023, which he argues came to an end on March 9, 2026.
The petitioner claims there is no publicly disclosed Gazette Notice or other appointment document showing that Capt. Ruto was reappointed, had his contract renewed or had his tenure extended beyond the three-year period.
Awino wants the court to issue conservatory orders preventing Capt. Ruto from exercising the powers and functions of KPA Managing Director until the petition is heard and determined.
He has also raised questions over the continued payment of salary, allowances, benefits and other remuneration attached to the office while the dispute is pending.
The petitioner is further asking the court to compel KPA to provide records used to justify Capt. Ruto’s continued stay in the position.
The documents sought include board resolutions, minutes, approvals and other relevant instruments relating to his tenure.
Awino argues that allowing a person whose authority to remain in office is being challenged to continue exercising public powers raises concerns over the lawful use of public authority and management of public resources.
The petition cites several constitutional provisions, including Articles 1, 2, 3, 73, 75, 201 and 232, as well as provisions of the Government Owned Enterprises Act, 2025.
The petitioner has clarified that his interlocutory application is not seeking a final ruling on the main dispute at this stage.
Instead, he wants interim orders to preserve the subject of the case as the court proceeds to hear and determine the petition.
Capt. Ruto was appointed KPA Managing Director on March 10, 2023, by then Roads and Transport Cabinet Secretary Kipchumba Murkomen after the position had been vacant for years.
The appointment was for a three-year term.
“In exercise of the powers conferred by section 5 (1) of the Kenya Ports Authority Act, the Cabinet Secretary for Roads and Transport appoints Capt. William K. Ruto to be the Managing Director of the Kenya Ports Authority, for a period of three (3) years, with effect from the 10th March, 2023,” read part of a Gazette Notice.
Before his appointment as KPA chief executive, Capt. Ruto served as General Manager of Kisumu Port.