Petition seeks to bar Kenya Railways CEO Mainga from exercising powers of office

The Centre for Litigation Trust has moved to the High Court seeking orders to stop Kenya Railways Managing Director and Chief Executive Officer Philip Mainga from exercising the powers of the office, arguing that his tenure may have expired.

The petitioner wants the court to issue conservatory orders restraining Mainga from making any new or further substantive decisions in his capacity as Kenya Railways CEO pending the hearing and determination of the case.

The Centre also wants the Kenya Railways Board restrained from recognising, authorising or permitting Mainga to exercise the powers and functions of the office, except for such limited functions as may be authorised by the court.

According to the court documents, Mainga was appointed Managing Director and CEO for an initial three-year term commencing on February 3, 2020.

The Centre says his first term expired on February 2, 2023, after which he was reportedly granted a further three-year term commencing on February 3, 2023.

It argues that if the second term was validly granted, it expired on February 2, 2026.

Despite this, the petitioner says Mainga has continued to occupy and exercise the powers of the office.

“There is therefore a serious and arguable constitutional and statutory question as to the legal basis upon which the 3rd Respondent continues to exercise the office,” the Centre says.

The challenge comes against the backdrop of the Government Owned Enterprises Act, 2025, which came into operation on December 5, 2025.

The Centre argues that the Act introduced a new statutory framework governing Government Owned Enterprises and their chief executive officers, with Section 18 setting out governance responsibilities of Boards and Section 22 providing for the appointment and tenure of CEOs.

The petitioner says the continued exercise of public power by a person whose lawful tenure may have expired raises questions of accountability and constitutional governance.

“The continued exercise of public power by a person whose lawful tenure may have expired presents an ongoing threat to the rule of law, accountability and constitutional governance,” it states.

The Centre has warned that unless the court intervenes, Mainga could continue making decisions, executing contracts, authorising expenditure and supervising procurement at Kenya Railways.

“Such actions may create third-party rights and obligations and thereby complicate or defeat the effective implementation of the final orders of this Honourable Court,” the petitioner argues.

The Centre is also seeking orders compelling Kenya Railways to provide certified copies of documents relating to Mainga’s appointment and continued tenure.

The documents sought include his original appointment letter, the instrument or letter renewing or extending his tenure, the Board resolution authorising the renewal, any approval or concurrence relied upon, his terms and conditions for the second term and any subsequent instrument purporting to extend, renew, vary or continue his tenure.

The petitioner also wants the Board to produce all resolutions made after December 5, 2025 concerning Mainga’s tenure, together with any legal opinion or advice formally adopted by the Board concerning the effect of the Government Owned Enterprises Act on his tenure.

The Centre says it has filed the case in the public interest and is relying on constitutional provisions allowing citizens and organisations to institute proceedings challenging alleged violations of the Constitution.

“The balance of public interest favours ensuring that public authority is exercised only by a person whose legal entitlement to hold office is established,” the petitioner says.

It has asked the court to determine with expedition whether Mainga has a valid and subsisting legal mandate to occupy and exercise the powers of Kenya Railways Managing Director and CEO.

The case has been filed against Kenya Railways Corporation, the Chairperson of its Board, Philip Mainga, and the Attorney-General, with the Public Service Commission named as an interested party.

The Centre for Litigation Trust has also asked the court to certify the matter as urgent and hear it on a priority basis.