The Centre for Litigation Trust has filed a petition in the High Court seeking to bar Kenya Railways Managing Director and CEO Philip Mainga from exercising the powers of his office. The move questions the legality of Mainga’s continued tenure, alleging it has expired.
According to court documents, Mainga was initially appointed for a three-year term starting February 3, 2020, which ended on February 2, 2023. He was reportedly reappointed for another three-year term beginning February 3, 2023, which the petitioner argues expired on February 2, 2026. Despite this, Mainga remains in office.
The Centre for Litigation Trust is asking the court to issue conservatory orders preventing Mainga from making any substantive decisions as Kenya Railways CEO pending resolution of the case. It also wants the Kenya Railways Board barred from authorizing Mainga to exercise the office’s powers, except for limited functions approved by the court.
Legal and Governance Concerns
The petition cites the Government Owned Enterprises Act, 2025, which came into force on December 5, 2025, establishing new frameworks for governance and CEO appointments in government-owned enterprises. The Centre argues that the continued exercise of public authority by someone whose tenure may have expired undermines accountability, constitutional governance, and the rule of law.
It warns that without court intervention, Mainga could continue to make decisions, execute contracts, authorize expenditures, and oversee procurement at Kenya Railways, potentially creating third-party rights that could complicate enforcement of any future court orders.
Documents and Transparency Demands
The petitioner has requested certified copies of all documents related to Mainga’s appointment and tenure extension, including appointment letters, board resolutions, legal opinions, and any approvals or conditions attached to his service after February 2023.
The case names Kenya Railways Corporation, its Board Chairperson, Philip Mainga, and the Attorney-General as respondents, with the Public Service Commission as an interested party. The Centre for Litigation Trust has also asked the court to prioritize the hearing of this matter, citing its urgency and public interest.
