Relief for Kenya Railways CEO Mainga as petition challenging office tenure withdrawn

In a letter addressed to the Chairperson and Board of Directors of Kenya Railways Corporation, the petitioner's lawyers, Allamano & Associates, said: “Please note that we have since withdrawn the said Petition and the Accompanying application.”

The lawyers further stated that the Notice of Withdrawal had been attached to the letter.

The withdrawal came a day after Justice Nzioki wa Makau issued interim orders restraining Mainga from occupying, holding himself out as, or exercising the powers and functions of the Managing Director and Chief Executive Officer of the state corporation pending an inter partes hearing.

The court had directed that the application be served on the respondents and listed the matter for hearing on August 18, 2026, with the respondents required to file and serve their responses within three days.

Joan Machuma Nyongesa had challenged the legality of the CEO's continued tenure, arguing that his first three-year term, which began on February 3, 2020, expired on February 2, 2023.

She further argued that a second three-year term reportedly granted in January 2023 began on February 3, 2023, and expired on February 2, 2026.

The petitioner had questioned the continued exercise of the office after February 2, 2026, arguing that the Government Owned Enterprises Act, 2025 does not provide for a fresh term or reset the statutory limit on the tenure of a chief executive.

She had also warned that continued occupation of the office could affect major decisions involving procurement, public assets, contracts, borrowing, employment and national infrastructure projects.

The withdrawal means the petition and accompanying application will no longer proceed in their current form, despite the interim orders having been issued only a day earlier.

The latest withdrawal also comes against the backdrop of previous litigation involving the corporation and its leadership that has similarly been filed and later withdrawn.