A petition has been filed at the High Court challenging the continued stay in office of Kenya Ports Authority (KPA) Managing Director and Chief Executive Officer Capt. William Kipkemboi Ruto.

The petitioner, Francis Awino, claims Capt. Ruto's three-year term began on March 10, 2023, and expired on March 9, 2026.

He is now asking the court to determine the legal basis for Capt. Ruto's continued occupation and exercise of the powers of the office.

The petitioner is seeking conservatory orders suspending Capt. Ruto from exercising the powers and functions of KPA managing director pending the hearing and determination of the case.

The court has certified the matter as urgent and directed that the petition and accompanying application be served on the respondents.

The respondents have been given seven days from the date of service to file and serve their responses to the application and petition.

The matter is scheduled to come before the court on September 23, 2026, for directions and further orders.

In the petition and application, Awino alleges that there has been no publicly disclosed Gazette Notice, instrument of appointment, reappointment, renewal or extension showing that Capt. Ruto received a fresh mandate to remain in office after March 9, 2026.

The petitioner has also challenged any continued payment of salary, allowances, benefits or other remuneration attached to the position pending determination of the dispute.

The application seeks orders requiring KPA to produce documents relied upon to justify Capt. Ruto's continued occupation and exercise of the office after the alleged expiry of his term.

These include resolutions, minutes, approvals and other relevant instruments.

The petitioner argues that the continued exercise of public powers by an office holder whose mandate is disputed raises questions about the lawful exercise of public authority and the management of public resources.

The case cites several provisions of the Constitution, including Articles 1, 2, 3, 73, 75, 201 and 232, alongside provisions of the Government Owned Enterprises Act, 2025.

The petitioner maintains that the case is not asking the court to conclusively determine the substantive dispute at the interlocutory stage, but rather to issue interim orders preserving the subject matter pending the hearing and determination of the petition.

The matter comes up before the court on September 23, 2026.