The High Court in Mombasa has approved the appointment of Daniel Manduku as the acting Managing Director at the Kenya Ports Authority (KPA).
A petitioner, Emmanuel Kenga had filed a case opposing Manduku's appointment, following the suspension of Cathrine Mturi-Wairi a week ago.
However, High Court Judge Justice Erick Ogola, quashed the the orders, following withdrawal of the case two days after Wairi voluntarily resigned from after being sent on forced leave.
While withdrawing the orders, Kenga said the case was outdated since Mturi-Wairi who was appointed as MD on July 2016, had already left office.
According to Michael Maina, KPA Board member, Wairi was sent home for allegedly failing to meet the company's performance targets.
The decision was reached following a Board meeting also attended by Transport Principal Secretary Paul Maringa.
Maina told the press that the Board had "decided to send Ms Wairi home due to lack of effective leadership at the port, non-responsive work culture, consistent failure to implement board resolutions, the absence of explicit performance targets and the failure to implement them.
"Dr Daniel Manduku, the CEO of the National Construction Authority (NCA) took over from her in an acting capacity from May 31, for a period of two months pending further directions.