A fresh petition has been filed at the High Court challenging Mr Philip Mainga’s tenure as Kenya Railways Corporation (KRC) Managing Director, days after another petitioner sought to withdraw a similar case filed in Kisumu in which a judge had issued interim orders barring him from office.
The new case, filed by the Centre for Litigation Trust, seeks orders barring Mr Mainga from exercising the powers of KRC chief executive officer after his second three-year term expired on February 2, 2026.
Mr Mainga had not responded to the fresh petition by Monday afternoon.
The development comes in the wake of a decision by a petitioner, Joan Nyongesa, to file a notice to withdraw a suit she had filed challenge of Mr Mainga’s tenure at KRC.
Ms Nyongesa’s notice of withdrawal came shortly after the Employment and Labour Relations Court issued interim orders barring him from exercising his powers, pending an inter-partes hearing. The notice gave no reason for the withdrawal.
The new petition asks the court to determine if Mr Mainga remains in office and compel KRC to disclose documents supporting his tenure.
It seeks his appointment letter, renewal instrument, board resolution, approvals and subsequent documents relied upon to continue his tenure.
The petitioner asks the court to compel KRC and its board to produce Mr Mainga’s original appointment letter, renewal instrument, board resolution, approvals and any board resolutions or adopted legal advice made concerning his position.
The petitioner says Mr Mainga was appointed for three years from about February 3, 2020, with his first term expiring on February 2, 2023.
It says his tenure was renewed for another three years, ending on February 2, 2026.
The petition says Mr Mainga continues to occupy and exercise the powers of managing director and CEO of the corporation.
“The continued exercise of the said office after the expiry of the lawful tenure raises a constitutional and statutory question, which requires determination by this court,” it says.
The dispute turns on the Government Owned Enterprises Act, 2025, which began on December 5, 2025, and governs KRC.
Section 22 of the Act provides for a three-year CEO term and eligibility for one more term, while Section 18 gives boards responsibilities over appointment, removal and succession.
