A legal challenge questioning the continued tenure of Kenya Railways Managing Director and CEO Philip Mainga has been withdrawn, enabling him to return to his leadership role.
The petition, filed by Joan Machuma Nyongesa, claimed Mainga’s second three-year term ended on February 2, 2026, and contested his ongoing occupancy of the office. The case was halted after the petitioner’s lawyers, Allamano & Associates, withdrew the petition on August 11, 2026, shortly after the Employment and Labour Relations Court issued interim orders restraining Mainga from performing his duties.
Justice Nzioki wa Makau had issued conservatory orders barring Mainga from acting as Managing Director pending a hearing initially set for August 18, 2026. With the withdrawal, these orders and the scheduled hearing will not proceed, allowing Mainga to resume his executive functions.
Background of the Dispute
- The petition argued that Mainga’s first term ran from February 3, 2020, to February 2, 2023, with a second term from February 3, 2023, to February 2, 2026.
- It contended that the Government Owned Enterprises Act, 2025, does not permit a further term or reset the tenure limits for the CEO position.
- Concerns were also raised about procurement decisions and management of public assets under Mainga’s leadership.
Worker Concerns Amid the Legal Battle
During the dispute, the Railway Allied Workers Union (RAWU) voiced dissatisfaction with working conditions, low wages, and an outdated salary structure. RAWU Secretary General Erick Tirop called for Mainga to step aside, citing the expiration of his term and threatening industrial action that could disrupt key services including the Standard Gauge Railway (SGR).
With the petition now withdrawn, Kenya Railways can move forward under Mainga’s leadership while addressing ongoing employee grievances.
