The High Court has certified as urgent a case challenging the continued stay in office of Kenya Ports Authority (KPA) Managing Director and Chief Executive Officer Captain William Ruto.
The case by petitioner Felix Otieno challenges the legal basis upon which Ruto has continued to occupy and exercise the powers of KPA's top executive position after March 9, 2026.
Justice David Mburu on Tuesday directed that the petition and an accompanying application filed by be served on the respondents within three days, paving the way for them to respond to the challenge.
The court further directed the respondents to file and serve their responses to both the Notice of Motion and the petition within 10 days of service.
According to court papers, Otieno argues that Ruto’s substantive three-year term, conferred through Gazette Notice No. 3140 published in the Kenya Gazette Vol. CXXV-No. 60 of March 2023, commenced on March 10, 2023, and expired on March 9, 2026.
“No instrument of reappointment, extension or renewal has been published in the Kenya Gazette or otherwise disclosed, notwithstanding that the original appointment was itself effected by publication in the Gazette,” the court papers state.
In his application, the petitioner wants the court to compel KPA, its Board of Directors, and other government agencies to produce documents showing the legal basis for Ruto's continued tenure.
Among the documents sought are the instrument of appointment, contract of service, Board resolutions, and minutes relating to the office of Managing Director and CEO.
Otieno is also seeking documents relating to the transfer of KPA's undertaking to Kenya Ports Authority PLC under the Fourth Schedule of the Government Owned Enterprises Act, 2025.
The petitioner argues that the documents are necessary to establish whether there is a valid legal instrument authorising Ruto to continue occupying and exercising the powers of the office after March 9.
He has further asked the court to suspend any decision, instrument, resolution, letter, extension, renewal, reappointment or administrative arrangement that purports to authorise Ruto's continued stay in office beyond that date.
The application also seeks conservatory orders restraining Ruto from holding himself out as KPA's Managing Director and CEO or exercising the powers, duties and functions attached to the position.
Otieno has alternatively asked the court to restrict the respondent from committing KPA to major long-term decisions, including new concessions, leases, long-term contracts, borrowing arrangements, procurement awards and senior management appointments.
The proposed restrictions would, however, exclude activities necessary for the ordinary and safe running of the ports, payment of staff salaries and statutory deductions, emergency expenditure and the discharge of existing lawful obligations.
The petitioner has also asked the court to stop KPA and its Board from facilitating Ruto's continued occupation of the office and from paying him salary, allowances, benefits or other remuneration associated with the position.
The petition names KPA as the first respondent, followed by its Board of Directors, Ruto, the Public Service Commission, the Cabinet Secretary for Roads and Transport, the Cabinet Secretary for the National Treasury and the Attorney-General.
The application is anchored on several provisions of the Constitution, including those relating to constitutional rights, leadership and integrity, access to information, fair administrative action, public service and the powers of the High Court.
However, Tuesday's directions did not determine the legality of Ruto's tenure and did not suspend or remove him from office.
Instead, the court directed that the respondents be served and given an opportunity to respond before the matter proceeds to the next stage.
The matter will return to court on October 6, 2026, before Lady Justice Patricia Mande Nyaundi for further directions.
