A legal challenge questioning the tenure of Kenya Railways Managing Director and CEO Phillip Mainga has been withdrawn, a day after the Employment and Labour Relations Court in Kisumu issued interim orders restricting his exercise of office powers.
The petition, filed by Joan Machuma Nyongesa, disputed the legality of Mainga's continued term. Nyongesa argued that Mainga’s initial three-year term, which started on February 3, 2020, ended on February 2, 2023, and that a second term granted in January 2023 expired on February 2, 2026. She contended that under the Government Owned Enterprises Act, 2025, no fresh term was authorized, thus questioning his ongoing tenure beyond February 2, 2026.
The petitioner warned that Mainga's continued occupancy could impact key decisions related to procurement, contracts, borrowing, employment, and national infrastructure projects.
Following the court’s interim order on August 11, 2026, barring Mainga from acting as CEO pending a hearing set for August 18, 2026, Nyongesa’s lawyers, Allamano & Associates, formally withdrew the petition and accompanying application. In their letter to the Kenya Railways Board, they confirmed the withdrawal and attached the notice.
This development halts the legal proceedings that had briefly restricted Mainga’s functions. It also echoes a pattern of previous litigation involving Kenya Railways leadership that was later withdrawn.
