Mombasa High Court has allowed Daniel Manduku to take over as acting MD of the Kenya Ports Authority.
Judge Erick Ogola quashed orders stopping his installation following petitioner Emmanuel Kenga's withdrawal of his suit.
Kenga withdrew the application after former MD Cathrine Mturi-Wairi voluntarily resigned
on Saturday.
He had sought orders barring Manduku from taking the position and had wanted KPA barred from appointing anybody else pending the hearing and determination of the case.
Judge Ogola issued conservatory orders temporarily stopping Manduku from taking office.
On Tuesday, however, Kenga said the application was outdated as Mturi-Wairi had left office.
The judge said the main petition, for the constitutional interpretation of the legality of the board which sent Mturi-Wairi on compulsory leave, will proceed.
Mturi-Wairi did not go to work on Wednesday hours after the Mombasa High Court reinstated her.
Manduku reported to work as usual, two sources at the Port confirmed.
He spent better part of the day at the container terminal after shifting the MD's office from the headquarters, they said.
Manduku told critics who questioned his qualifications that he is qualified for the job,.
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