A Nairobi resident has moved to the High Court seeking clarity over the continued stay in office of Kenya Ports Authority (KPA) Managing Director and Chief Executive Officer, Capt. William Kipkemboi Ruto.
Felix Otieno, through Sigano & Omollo LLP Advocates, wants the court to require Capt. Ruto to explain the legal authority under which he continues to occupy the position after the expiry of his three-year term.
According to the petition filed at the Milimani Law Courts’ Constitutional and Human Rights Division, Capt. Ruto was appointed for a three-year term effective March 10, 2023.
The term therefore ended on March 9, 2026.Otieno says there is no evidence of a lawful reappointment, renewal or extension of the tenure.
He has asked the court to answer a simple but important question: by what lawful authority does Capt. Ruto continue to exercise the powers of KPA’s chief executive?
The petition also raises questions about changes in the law governing KPA.
The Government Owned Enterprises Act, 2025, came into force on December 5, 2025, repealing the Kenya Ports Authority Act.
Under the new law, the appointment of a chief executive is to be handled by a properly constituted board through a competitive recruitment process.
Otieno argues that KPA does not currently have a properly constituted board capable of making such an appointment.
He cites a company search conducted on September 2, 2026, which he says showed that KPA PLC had only two directors.
The petitioner further claims that Capt. Ruto does not appear in the company’s records in any capacity.
A key issue is a transitional clause in the 2025 law stating that an incumbent CEO shall, subject to the Act, continue serving as chief executive. Otieno argues that the clause only protected the remaining part of an existing term and did not create a fresh three-year mandate.
The petitioner wants the court to issue a quo warranto order requiring Capt. Ruto to demonstrate the legal authority for remaining in office. He is also seeking orders declaring any extension or reappointment made without a properly constituted board invalid.
The case goes beyond one office-holder. KPA oversees major public assets and critical port operations. Questions over who has lawful authority to make decisions at the top of such an institution cannot be brushed aside.
Otieno has also asked the court to temporarily stop payment of Capt. Ruto’s salary and allowances while the case is determined, while insisting that the application is not intended to interfere with the normal operations of KPA.