A petition challenging the continued tenure of Kenya Railways Managing Director and Chief Executive Officer Philip J. Mainga has been withdrawn just hours after the Employment and Labour Relations Court in Kisumu temporarily barred him from exercising the powers of the office.
Joan Machuma Nyongesa, who had filed the case, notified the court on Tuesday, August 11, 2026, that she had “wholly withdrawn” both her Notice of Motion application and petition dated August 10. The notice was filed through Allamano & Associates Advocates.
The withdrawal came a day after Justice Nzioki wa Makau granted interim orders stopping Mainga from occupying, representing himself as, or exercising the functions of Kenya Railways’ Managing Director and CEO pending further proceedings.
The court had scheduled the application for an inter partes hearing on August 18, giving Kenya Railways, Mainga and the other respondents an opportunity to respond to the claims.
At the centre of Nyongesa’s case was the legality of Mainga’s continued stay at the helm of the state corporation.
Court documents indicated that Mainga was appointed for an initial three-year term beginning February 3, 2020, which ended on February 2, 2023. He subsequently received another three-year term running from February 3, 2023, to February 2, 2026.
Nyongesa had argued that the latter term had expired but Mainga continued to exercise the powers of chief executive.
Her challenge also raised questions about the Government Owned Enterprises Act, 2025, and its provisions governing the appointment and tenure of chief executives of state corporations.
The petitioner argued that the issue had implications beyond Mainga’s personal position, given the authority exercised by a Kenya Railways chief executive over public assets, contracts, employees and other corporate affairs.
The case was also filed amid wider scrutiny of Mainga’s leadership and the management of the Standard Gauge Railway.
In July, another petitioner, Wahome Mucunu, filed a separate case seeking Mainga’s removal over alleged constitutional violations linked to the SGR project. That petition raised questions concerning access to procurement documents, SGR contracts, loan agreements, expenditure records and the management of public resources.
The latest petition, however, has now been withdrawn.
The notice filed on August 11 does not state why Nyongesa decided to abandon the proceedings. It formally identifies Kenya Railways Corporation, its board, Mainga and several government institutions and officials as the respondents.
The withdrawal means the inter partes hearing scheduled for August 18 will not proceed on the withdrawn petition unless further proceedings are initiated.
