PSC opposes petition challenging KPA boss Ruto's stay in office

In a replying affidavit filed at the High Court in Mombasa, the commission’s Secretary and Chief Executive Officer, Paul Famba, outlines the commission’s functions and powers under the Constitution, the Public Service Commission Act and the Public Service Commission Regulations, 2020.

The affidavit is part of Constitutional Petition No. E046 of 2026, filed by Francis Awino, who is challenging the legal basis for Ruto’s continued occupation of the KPA chief executive position.

Awino contends that Ruto’s three-year appointment, which took effect on March 10, 2023, expired on March 9, 2026, and that no publicly disclosed instrument has demonstrated a lawful renewal, reappointment or extension of his tenure.

The petitioner is seeking court orders to suspend Ruto from exercising the powers and functions of KPA Managing Director pending the hearing and determination of the case.

In the affidavit, Famba states that the commission is established under Article 233(1) of the Constitution, with its functions set out under Article 234(2).

He lists among its responsibilities the establishment and abolition of public service offices, appointment of officers, confirmation of appointments and the exercise of disciplinary control over public officers.

The commission is also mandated to investigate, monitor and evaluate the organisation, administration and personnel practices of the public service, as well as promote constitutional values and principles.

Famba further cites Article 232(2), which provides that public service values and principles apply to State organs at both levels of government and to State corporations.

The provisions form part of the commission’s response to the petition, which places the legality of the KPA chief executive’s continued tenure before the court.

Ruto was appointed KPA managing director for a three-year term beginning March 10, 2023.

Awino argues that the appointment expired in March 2026 and wants the respondents to demonstrate the legal authority under which Ruto continues to occupy the office.

The dispute also raises questions about the effect of the Government Owned Enterprises Act, 2025, which introduced a new legal framework for government-owned enterprises.

The petitioner is seeking interim conservatory orders while the court considers the substantive issues raised in the petition.

The case names the Board of Directors of Kenya Ports Authority PLC, the Public Service Commission and Capt. Ruto as respondents, with the Salaries and Remuneration Commission listed as an interested party.

The court has not, on the basis of the material reviewed, made a final determination on whether Ruto’s continued stay in office is lawful.