High Court Judge Jairus Naga has issued a directive to Kenya Ports Authority Managing Director and Chief Executive Officer Capt. William Kipkemboi Ruto, requiring him to respond to a petition within 14 days. The petition, filed by Francis Awino, questions the legality of Capt. Ruto's continued occupation of the KPA chief executive position following the alleged expiry of his three-year term on March 9, 2026.
According to the petitioner, Capt. Ruto's term began on March 10, 2023, and there is no publicly disclosed Gazette Notice, instrument of appointment, reappointment, renewal or extension authorising him to remain in office beyond March 9. The petitioner claims that Capt. Ruto's continued stay in office is unlawful and has raised concerns about the management of public resources.
The petitioner, Francis Awino, is seeking conservatory orders suspending Capt. Ruto from exercising the powers and functions of KPA Managing Director pending the hearing and determination of the petition. Awino has also challenged the continued payment of salary, allowances, benefits and other remuneration attached to the position, pending the determination of the dispute.
In the petition, Awino invokes several provisions of the Constitution, including Articles 1, 2, 3, 73, 75, 201 and 232, as well as provisions of the Government Owned Enterprises Act, 2025. The petitioner argues that the continued exercise of public power by an office holder whose mandate is disputed raises questions concerning the lawful exercise of public authority and the management of public resources.
On March 10, 2023, then Transport Cabinet Secretary Kipchumba Murkomen appointed Capt. Ruto as the KPA MD for three years after the position had been vacant for years. The appointment was made through a Gazette Notice, which stated that Capt. Ruto would serve as the Managing Director of the Kenya Ports Authority for a period of three years, with effect from March 10, 2023.
Prior to his appointment as KPA MD, Capt. Ruto was the General Manager of the Kisumu Port. The petitioner maintains that the interlocutory application is not asking the court to determine the substantive dispute at this stage, but rather to issue interim orders preserving the subject matter pending the hearing and determination of the petition.
The matter is set to come up before the court for further directions, with Justice Naga directing the respondents to file and serve their responses within 14 days. The court's decision will have implications for the management of the Kenya Ports Authority and the exercise of public authority.
Key points
- The court has given Capt. William Kipkemboi Ruto 14 days to respond to a petition challenging his continued stay in office as KPA Managing Director.
- The petition, filed by Francis Awino, questions the legality of Capt. Ruto's continued occupation of the KPA chief executive position following the alleged expiry of his three-year term.
- The petitioner is seeking conservatory orders suspending Capt. Ruto from exercising the powers and functions of KPA Managing Director pending the hearing and determination of the petition.
