High Court Judge Jairus Naga has directed Captain William Kipkemboi Ruto and other respondents to file and serve their responses within 14 days. This follows a petition filed by Francis Awino, who disputes the legality of Captain Ruto's continued occupation of the KPA chief executive position. The petition claims that Captain Ruto's three-year term, which began on March 10, 2023, ended on March 9, 2026.
The petitioner, Francis Awino, argues that there is no publicly disclosed Gazette Notice or other appointment document showing that Captain 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 Captain Ruto from exercising the powers and functions of KPA Managing Director until the petition is heard and determined.
Awino 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 Captain Ruto's continued stay in the position. The documents sought include board resolutions, minutes, approvals, and other relevant instruments relating to his tenure.
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. 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.
Captain 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, as stated in a Gazette Notice. Before his appointment as KPA chief executive, Captain Ruto served as General Manager of Kisumu Port.
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. This will ensure that the status quo is maintained until the court makes a final decision.
The court's decision to grant Captain Ruto 14 days to respond to the petition is a significant development in the case. It sets the stage for further directions when the case comes up before the court. The outcome of the case will have implications for Captain Ruto's continued stay in office and the management of the Kenya Ports Authority.
Key points
- The court has given Captain William Ruto 14 days to respond to a petition challenging his continued stay as Kenya Ports Authority Managing Director.
- The petitioner, Francis Awino, claims that Captain Ruto's three-year term ended on March 9, 2026, and there is no evidence of reappointment or contract renewal.
- The case will determine whether Captain Ruto can continue exercising the powers and functions of KPA Managing Director until the petition is heard and determined.
