Court gives KPA boss 14 days to respond to tenure challenge

NAIROBI,Kenya Sep 23 – High Court Judge Jairus Naga has given Kenya Ports Authority (KPA) Managing Director and Chief Executive Officer Capt. William Kipkemboi Ruto 14 days to respond to a petition challenging his continued stay in office.

The petition, filed by Francis Awino, disputes the legality of Capt. Ruto’s continued occupation of the KPA chief executive position, arguing that his three-year term expired on March 9, 2026.

According to the petitioner, Capt. Ruto was appointed on March 10, 2023, and there is no publicly available Gazette Notice, appointment instrument or other formal document showing that his tenure was renewed, extended or otherwise authorised beyond the expiry of his initial term.

Justice Naga directed the respondents to file and serve their responses within 14 days, after which the matter will come up for further directions.

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.

The petitioner has also asked the court to stop the payment of salary, allowances, benefits and other remuneration attached to the position while the dispute is being determined.

In addition, Awino wants KPA compelled to produce documents supporting Capt. Ruto’s continued occupation of the office. These include board resolutions, minutes, approvals and any other instruments relied upon to justify his tenure.

The petitioner argues that allowing an office holder whose mandate is under challenge to continue exercising public powers raises questions over the lawful exercise of public authority and the management of public resources.

The petition cites several provisions of the Constitution, including Articles 1, 2, 3, 73, 75, 201 and 232, alongside provisions of the Government Owned Enterprises Act, 2025.

Awino maintains that the application does not ask the court to determine the substantive issues in the petition at the interlocutory stage. Instead, he wants interim orders to preserve the subject matter of the case until the petition is heard and determined.