The Employment and Labour Relations Court has temporarily barred Kenya Railways Corporation (KRC) Managing Director Philip Mainga from running the office, following a legal dispute after a petitioner claimed that his second three-year term expired five months ago.
The court in Kisumu has also barred Mr Mainga from exercising the powers of KRC chief executive officer pending a hearing on the legality of his continued tenure.
The court issued the interim orders after a petitioner, Joan Machuma Nyongesa, sued, challenging Mr Mainga’s continued occupation of the office after his second term expired early this year.
The petition says Mr Mainga was substantively appointed for three years from February 3, 2020, and received another three-year term beginning February 3, 2023. That second term expired on February 2, 2026.
Ms Nyongesa says KRC has nevertheless continued recognising Mr Mainga as managing director and that he continues exercising powers attached to the office of the State Corporation’s managing director.
The court ordered the application served on the respondents for hearing on August 18 and directed the respondents to file replies within three days of service.
The orders restrain Mr Mainga from occupying, representing himself as, or exercising the powers and duties of managing director pending the hearing.
The application also seeks to suspend any arrangement authorising Mr Mainga’s continued occupation after expiry of his last lawful term.
Nyongesa’s case centres on the Government Owned Enterprises Act, 2025, which commenced on December 5, 2025.
She argues that Section 22 fixes a chief executive’s term at three years, with eligibility for one further term. She also relies on paragraph 10(3) of the Fourth Schedule.
Ms Nyongesa says that the provision preserves an existing lawful term but does not create another term or restart the statutory limit.
“The continued exercise of the powers of the office after the apparent expiry of the second term has occasioned the question raised in the Petition,” her affidavit states.
She argues that the dispute is urgent because Kenya Railways controls strategic railway infrastructure, public assets, procurement, employment, borrowing, contractual obligations and major infrastructure projects.
“The office of Managing Director and Chief Executive Officer carries responsibility for procurement, borrowing, investments, strategic contracts, expenditure, public employment and major infrastructure projects,” the affidavit states.
She says that further decisions could create commitments before the court determines whether Mr Mainga remains lawfully in office.
She says an acting chief executive would allow services, railway safety, staff salaries and existing obligations to continue.
“The orders sought are carefully framed to protect lawful continuity, public safety, existing obligations and innocent third parties while preventing the disputed authority from creating further irreversible commitments,” she says.
The respondents include Kenya Railways Corporation, its board, Mainga, the Public Service Commission, the Transport Cabinet Secretary and the Attorney-General.
Among key railway works ongoing under the corporation is the extension of the Naivasha-Kisumu-Malaba Standard Gauge Railway.
The Ministry of Roads and Transport says the Naivasha-Kisumu section will cover 264 kilometres, while the Kisumu-Malaba section will cover 107 kilometres.
The petition specifically cites the ongoing railway projects as a reason for urgency, saying decisions by a person whose tenure is disputed could affect contracts, borrowing and other commitments.
The order remains effective until the August 18 hearing. The court’s order applies pending the hearing, leaving unresolved whether the 2025 Act permits Mr Mainga’s continued tenure after the reported expiry of his second term.
