The High Court in Mombasa has certified as urgent a petition challenging the continued occupation of the Kenya Ports Authority (KPA) Managing Director and Chief Executive Officer Captain William Kipkemboi Ruto after the expiry of his three year term.
Justice Jairus Ngaah directed that the application and petition be served on the respondents for directions on September 23, 2026. The respondents have been given seven days from the date of service to file their responses.
The case, filed by human rights activist Francis Awino, names the KPA Board of Directors, the Public Service Commission and Captain Ruto as respondents, while the Salaries and Remuneration Commission is listed as an interested party.
Awino is questioning Ruto’s continued exercise of the powers and functions of KPA’s Managing Director and CEO after his initial appointment expired.
Court documents show that Ruto was appointed through Gazette Notice No. 3140, published on March 10, 2023, for a fixed three-year term beginning on the same date. The petitioner states that the term ended on March 9, 2026.
Awino says he has not found any publicly disclosed Gazette Notice or other instrument showing that Ruto was reappointed, renewed or had his tenure extended after the expiry of the three-year term.
He claims Ruto has nevertheless continued performing the duties of the office, including making decisions affecting KPA’s finances, contracts, employees, assets and operations.
The petitioner argues that the continued occupation of the position raises questions over the use of public resources, including payment of salary, allowances, benefits and other remuneration.
He has asked the court to issue interim conservatory orders preventing Ruto from continuing to exercise the powers attached to the office pending determination of the petition.
Awino is also seeking preservation of records relating to Ruto’s appointment, reappointment, renewal or extension, as well as documents concerning payments made to him after March 9, 2026.
The petition raises constitutional questions touching on the rule of law, good governance, transparency, accountability, public trust and prudent use of public resources.
Awino says continued exercise of the disputed powers could result in decisions being made on behalf of KPA and create obligations affecting the Authority and third parties before the court determines whether Ruto has a valid mandate.
However, the court has not made a finding that Ruto is unlawfully occupying the position. Justice Ngaah’s September 15 order only certified the matter as urgent and directed the respondents to respond before the case proceeds.
