KPA stakeholder and politician Alex Kasuku in Mombasa /BRIAN OTIENOStakeholders at the Mombasa port have hit out at KPA managing director Captain William Ruto’s critics, saying they are envious of his achievements.
The stakeholders, led by Alex Kasuku, a maritime expert, investor and politician, on Saturday said Ruto’s success at the helm has come at the expense of cartels, who have seen their influence at the port wane.
“That is why they are fighting him day and night. He has not been dancing to their tunes, something they are not used to,” he said. Kasuku is a businessman who operates at the Mombasa port.
He spoke in Mombasa following a meeting of port stakeholders.
This came as the latest salvo aimed at Captain Ruto saw his continued stay at the helm challenged in court.
The case, filed by petitioner Felix Otieno, challenges the legal basis upon which the KPA managing director and CEO has continued to occupy and exercise the powers of the top executive position beyond March 9, 2026.
Justice David Mburu on September 8 certified the matter as urgent.
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.
However, stakeholders argued the lawsuit is merely another attack on Ruto by tycoons unhappy with his refusal to do their bidding.
“We know there are people inside KPA who are being used by these cartels and tycoons who are frustrated by Captain Ruto.
“As far as we, as stakeholders, are concerned, we are experiencing the best performance at the Mombasa port in years. Everyone, including employees and businesspeople, is benefiting because there is no discrimination at the port,” Kasuku, who is eyeing the Kaloleni MCA seat in Kilifi county, said.
He said small business owners are now winning tenders that were previously the preserve of established players.
Kasuku said cartels have renewed their push to oust Captain Ruto to instal a more compliant managing director whom they can manipulate.
“Having an MD at KPA who is more friendly to the cartels means the performance of the port will be negatively affected. We will revert to an era where worker morale drops, leading to poor performance,” Kasuku said.
In his application, Otieno wants the court to compel KPA, its board of directors, and other government agencies to produce documents establishing 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 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.
Alternatively, Otieno has asked the court to restrain 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.
Instant analysis
The legal battle over Captain William Ruto’s tenure at KPA highlights deep-seated tensions between port reform efforts and entrenched commercial interests. With petitioners citing statutory term limits and allies claiming cartel resistance, the High Court’s ruling will significantly impact governance, operational stability and procurement integrity at Mombasa port.
