Kenya Railways boss Philip Mainga barred from office

Kenya Railways Managing Director Philip Mainga at Parliament buildings, Nairobi. [File, Standard]

Kenya Railways boss Philip Mainga has been dealt a major blow after the Labour Court issued interim orders barring him from continuing to occupy and exercise the powers of Managing Director and CEO of the State corporation.

Justice Nzioki wa Makau of the Employment and Labour Relations Court issued the interim orders after considering a petition filed by Joan Machuma Nyongesa, who has challenged the legality of Mainga’s continued tenure at the helm of Kenya Railways.

"Pending the hearing and determination of this Application Inter partes, a conservatory order be issued restraining Maingi, whether by himself, his agents, servants, appointees or any person acting under his direction, from occupying, holding himself out as, representing himself as, or exercising any of the powers, duties and functions of the office of Managing Director and Chief Executive Officer of the Kenya Railways Corporation," Justice Makau ordered.

The judge further ordered that any decision or arrangement purporting to extend or renew Mainga’s tenure beyond the expiry of his last lawful term be suspended.

"The operation and implementation of any decision, instrument, resolution, extension, renewal, reappointment or administrative arrangement purporting to authorise Maingi's continued occupation or exercise of the office after the apparent expiry of the last lawful term be suspended pending the hearing of the application," He ordered.

The case pits Nyongesa against Kenya Railways Corporation, its Board of Directors, Mainga, the Public Service Commission, the Cabinet Secretary for Roads and Transport and the Attorney General.

The respondents have also been directed to file and serve their responses within three days of being served with the application.

The court has directed that the matter be heard inter partes on August 18, 2026.

The order carries a penal notice warning that disobedience or non-observance of the court’s directives could attract penal consequences.

Nyongesa wants the court to stop Mainga from occupying, holding himself out as, representing himself as, or exercising the powers, duties and functions of Kenya Railways’ Managing Director and CEO pending determination of the dispute.

The petitioner alleges that Mainga is illegally occupying the office and questions the validity of his continued tenure at the State corporation.

According to Nyongesa’s application, Mainga’s first substantive three-year term commenced on February 3, 2020, and expired on February 2, 2023.

She claims that a January 2023 publication reported that the Kenya Railways Board had renewed Mainga’s appointment for another three years.

The petitioner has now placed the legality of the alleged renewal and Mainga’s continued exercise of the CEO’s powers before the court.

Nyongesa argues that the continued occupation of the office raises constitutional and public governance questions, particularly because Kenya Railways is involved in major infrastructure projects and manages substantial public resources, contracts and institutional decisions.

She argues that decisions made by an individual whose mandate is disputed could expose the corporation and the public to uncertainty over their legality.

The petitioner has further told the court that Kenya Railways would not be paralysed if Mainga were stopped from exercising the powers of CEO.

She argues that the Board could designate a qualified acting CEO pending determination of the dispute and, if necessary, undertake a fresh recruitment process.

In his petition, Nyongesa is asking the court to determine whether Mainga has a lawful mandate to continue occupying and exercising the powers of Managing Director and CEO.

She also wants the court to issue directions on the lawful succession and recruitment process should it find that his tenure is no longer legally valid.