The case, 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.
The petitioner claims Capt. Ruto’s term began on March 10, 2023, and argues that there is no publicly disclosed Gazette Notice, instrument of appointment, reappointment, renewal or extension authorising him to remain in office beyond March 9.
Justice Naga has directed the respondents to file and serve their responses within 14 days, with the matter coming up before the court 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 challenged the continued payment of salary, allowances, benefits and other remuneration attached to the position, pending the determination of the dispute.
The application further seeks an order compelling KPA to produce documents relied upon to justify Capt. Ruto’s continued occupation of the office, including board resolutions, minutes, approvals and other relevant instruments.
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.
The petition 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 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.
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.
“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.
Prior to his appointment, Capt. Ruto was the General Manager of the Kisumu Port.
