A Nairobi resident has moved to the Employment and Labour Relations Court seeking orders to stop Kenya Railways Managing Director and Chief Executive Officer Philip Mainga from remaining in office, arguing that questions surrounding his tenure raise serious constitutional and governance concerns.
In a petition filed under a certificate of urgency, Masha Wario wants the court to determine whether Mainga's continued stay at the helm of the state corporation is lawful and consistent with constitutional principles on leadership, integrity, accountability and transparency.
The Public Service Commission and the Kenya Railways Board have been named as respondents in the case, while Mainga and the Ethics and Anti-Corruption Commission (EACC) have been enjoined as interested parties.
According to court documents, the petitioner argues that the office of the Kenya Railways Managing Director is a public trust position charged with overseeing public resources, managing strategic infrastructure projects and safeguarding public assets.
“The office of Managing Director and Chief Executive Officer of Kenya Railways is a public office that must at all times be exercised in accordance with the Constitution and the principles of good governance,” the petition states.
Wario contends that uncertainty surrounding the validity of Mainga’s continued tenure has generated concerns over whether there exists lawful authority for him to remain in office. The petition further claims that the absence of publicly available records relating to any renewal, extension or reappointment raises questions about transparency and accountability.
“The continued exercise of public authority without clear disclosure of the instruments authorising such tenure undermines public confidence and constitutional accountability,” the petitioner argues.
The suit seeks several declarations from the court, including a finding that public office is a constitutional trust that must be exercised in strict adherence to national values and principles of governance.
The petitioner is also asking the court to compel the Public Service Commission and the Kenya Railways Board to produce documents relating to Mainga’s appointment and continued service, including employment contracts, renewal agreements, extension letters, board resolutions, gazette notices and performance contracts.
In addition, Wario wants the court to order the disclosure of agreements and instruments allegedly executed during the period under dispute, including those linked to commuter rail developments and international engagements involving Kenya Railways.
Pending the hearing and determination of the petition, the applicant is seeking conservatory orders barring Mainga from performing the duties of Managing Director and Chief Executive Officer.
The matter was placed before Justice Monica Mbaru, who directed that the petition and application be served upon all respondents and interested parties. The court granted the parties 14 days to file their responses.
The case is scheduled for a hearing on June 15, 2026.
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