The High Court 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 questions the legal basis of Capt. Ruto’s continued tenure, with the petitioner arguing that his three-year appointment expired on March 9, 2026.
According to court documents, Capt. Ruto was appointed to head KPA for a three-year term beginning March 10, 2023. The petitioner, however, claims there is no publicly disclosed instrument showing that his appointment was subsequently renewed, extended or replaced with a fresh appointment.
Petition Challenges Continued Stay in Office
The case was filed at the High Court seeking clarification on the legal authority under which Capt. Ruto continues to exercise the powers and functions of the KPA chief executive. The petitioner has asked the court to consider conservatory orders that would suspend Capt. Ruto from exercising the powers attached to the position pending the hearing and determination of the petition. The case also seeks documents from KPA relating to the CEO’s appointment and continued stay in office, including board resolutions, minutes, approvals and other instruments that may establish the legal basis for his tenure.
Questions Over Appointment
The petitioner argues that Capt. Ruto’s original appointment was made through Gazette Notice No. 3140, published on March 10, 2023, and that the three-year period consequently ended on March 9, 2026. The petition further questions whether any lawful process was undertaken to extend or renew the appointment after that date.
The legal challenge also refers to the Government Owned Enterprises Act, 2025, which introduced changes to the governance and appointment framework for state-owned enterprises. The petitioner argues that the new legal framework should be considered in determining the authority for the continued occupation of the KPA chief executive position.
Court to Consider the Dispute
The High Court has certified the matter as urgent and directed the respondents to file their responses within the period set by the court. The respondents named in the proceedings include the KPA Board of Directors, the Public Service Commission and Capt. William Ruto, while the Salaries and Remuneration Commission has been listed as an interested party.
The petitioner’s claims remain subject to determination by the court. The filing of the petition does not, by itself, establish that Capt. Ruto’s continued tenure is unlawful. The court will consider the parties’ submissions and relevant documents before determining the issues raised concerning his appointment and continued occupation of the KPA CEO position.
