Petitioner asks court to halt Captain William Ruto's tenure at KPA

A petitioner wants the High Court to stop Kenya Ports Authority (KPA) Managing Director and Chief Executive Officer Captain William Ruto from continuing to exercise the powers of the office, arguing that his three-year term ended in March. Felix Otieno has asked the court to compel KPA, its Board of Directors and other government agencies to produce records showing the legal basis for Ruto's continued stay in office after March 9, 2026. The case was certified as urgent by Justice David Mburu on Tuesday, September 8, 2026, with the court directing that the petition and accompanying application be served on the respondents within three days. The respondents have been allowed 10 days after service to file and serve their responses to the Notice of Motion and the petition. Otieno says Ruto's three-year appointment took effect on March 10, 2023, after it was published through Gazette Notice No. 3140 in the Kenya Gazette Vol. CXXV-No. 60. According to the petitioner, the tenure therefore came to an end on March 9, 2026, with no Gazette notice or other publicly disclosed instrument showing that it was renewed or extended. '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. Otieno is seeking the production of Ruto's appointment instrument and contract of service, as well as KPA Board resolutions and minutes concerning the Managing Director and CEO position. He also wants 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 says access to the records will help establish whether Ruto has a valid legal authorisation to remain in the position and continue performing its functions. He has asked the court to suspend any decision, resolution, letter, instrument or administrative arrangement that seeks to extend, renew or reappoint Ruto after the expiry of his term. Otieno is further seeking orders preventing Ruto from holding himself out as KPA's Managing Director and CEO or carrying out the duties and functions of the position. In the alternative, he wants restrictions placed on major long-term decisions involving the authority, including new concessions, leases, long-term contracts, borrowing arrangements, procurement awards and appointments to senior management. The proposed restrictions would not cover the day-to-day running and safe operation of the ports. They would also allow KPA to pay staff salaries and statutory deductions, meet emergency expenses and honour existing lawful obligations. The petitioner is also asking the court to bar KPA and its Board from facilitating Ruto's continued occupation of the office or making payments to him in the form of salary, allowances, benefits or other remuneration linked to the position. KPA has been listed as the first respondent in the case, alongside 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 petition cites various constitutional provisions dealing with rights, leadership and integrity, access to information, fair administrative action, public service and the authority of the High Court. The court has not, however, made a determination on whether Ruto's continued tenure is lawful. Tuesday's directions also did not suspend or remove him from office. The respondents will first have an opportunity to answer the allegations before the matter advances to the next stage. The case will be mentioned on October 6, 2026, before Lady Justice Patricia Mande Nyaundi for further directions.