The Centre for Litigation Trust has asked the High Court to stop Kenya Railways Managing Director and Chief Executive Officer Philip Mainga from exercising the powers of the position, questioning whether he still has a valid mandate to remain in office.
The Centre has filed a petition seeking conservatory orders that would prevent Mainga from making substantive decisions on behalf of the corporation until the court determines whether his continued tenure is lawful.
It is also asking the court to restrain the Kenya Railways Board from recognising or authorising Mainga to perform the functions of CEO, save for any duties that may specifically be permitted by the court.
According to the petition, Mainga was initially appointed to head Kenya Railways for a three-year period beginning February 3, 2020. His first term therefore ended on February 2, 2023.
The Centre says Mainga subsequently received another three-year term starting February 3, 2023. It argues that even if the second appointment was valid, that term ended on February 2, 2026.
The petitioner is now questioning the legal basis for Mainga’s continued occupation of the position several months after the alleged expiry of his second term.
“There is therefore a serious and arguable constitutional and statutory question as to the legal basis upon which the 3rd Respondent continues to exercise the office,” the Centre states in its court papers.
The case also raises questions over the Government Owned Enterprises Act, 2025, which came into force on December 5, 2025.
The Centre argues that the legislation established a new framework governing state-owned enterprises and the appointment and tenure of their chief executives. It has particularly referred to provisions dealing with the responsibilities of boards and the appointment and tenure of CEOs.
The petitioner maintains that allowing a person whose tenure is allegedly expired to continue exercising public authority could affect decisions involving the corporation’s finances, contracts, procurement and other operations.
“The continued exercise of public power by a person whose lawful tenure may have expired presents an ongoing threat to the rule of law, accountability and constitutional governance,” the Centre says.
It has asked the court to prevent Mainga from taking further substantive decisions, arguing that actions taken while the dispute remains unresolved could create obligations that may be difficult to reverse.
“Such actions may create third-party rights and obligations and thereby complicate or defeat the effective implementation of the final orders of this Honourable Court,” the petition states.
The Centre is also seeking access to documents that would establish the legal basis of Mainga’s continued stay in office. These include his appointment letter, any renewal or extension instrument, relevant Kenya Railways Board resolutions, approvals relied upon and his terms and conditions of service.
It further wants records of Board decisions made after December 5, 2025 concerning Mainga’s tenure, as well as any legal advice formally adopted regarding the effect of the Government Owned Enterprises Act on his position.
The petition has been filed against Kenya Railways Corporation, the chairperson of its Board, Mainga and the Attorney-General, with the Public Service Commission listed as an interested party.
The Centre says it has brought the case in the public interest and is asking the court to determine urgently whether Mainga has a valid and continuing legal mandate to serve as Kenya Railways Managing Director and CEO.
