The Employment and Labour Relations Court has suspended moves that would allow Kenya Railways Managing Director and CEO Philip Mainga to continue exercising the powers of the office beyond what a petitioner claims was the expiry of his last lawful term.
Justice Nzioki wa Makau issued the interim orders at the Kisumu Employment and Labour Relations Court after Joan Machuma Nyongesa moved to court questioning the legality of Mainga’s continued stay in office.
The case, ELRCPET/E037/2026, has placed Mainga’s tenure under judicial scrutiny, with Kenya Railways Corporation, its Board of Directors, the Public Service Commission, the Cabinet Secretary for Roads and Transport and the Attorney General named as respondents.
Justice Makau ordered that the application be served for an inter partes hearing on August 18, 2026.
The court further directed the respondents to file and serve their replies within three days of receiving the application.
In granting the interim relief, the judge stated: “That pending hearing inter partes, interim orders in terms of prayers 1, 2 and 3 are granted.”
Among the orders sought by Nyongesa was an order stopping Mainga, his agents, servants, appointees or anyone acting under his direction from occupying or exercising the powers of the Kenya Railways CEO.
The application seeks to restrain Mainga from occupying, holding himself out as, representing himself as, or exercising any of the powers, duties and functions of Managing Director and Chief Executive Officer of the corporation.
The judge further ordered that the operation of any purported extension or renewal of Mainga’s tenure be suspended.
The order provides that “the operation and implementation of any decision, instrument, resolution, extension, renewal, reappointment or administrative arrangement purporting to authorise the 3rd Respondent’s continued occupation or exercise of the office after the apparent expiry of the last lawful term be suspended.”
The petitioner claims Mainga’s first substantive three-year term began on February 3, 2020, and ended on February 2, 2023.
She has questioned the legality of his continued occupation of the office following a reported renewal of his appointment in January 2023.
Nyongesa argues that the legality of the renewal and subsequent exercise of the CEO’s powers should be determined by the court.
She has raised concerns over the potential consequences of decisions made by the corporation while Mainga’s mandate remains disputed, pointing to Kenya Railways’ major infrastructure projects, contracts and management of public resources.
The petitioner has also argued that stopping Mainga from exercising the CEO’s powers would not cripple the corporation.
She says the Kenya Railways Board can appoint a qualified acting chief executive while the dispute is determined and, if necessary, undertake a fresh recruitment process.
The petitioner wants the court to determine whether Mainga has a lawful mandate to remain in office and exercise the powers of Managing Director and CEO.
She is also seeking directions on the lawful process of succession and recruitment should the court find that his tenure is not legally valid.
The respondents have not yet filed their responses to the application.
The matter will return before Justice Makau on August 18, when the parties will make their respective arguments.
The interim orders do not amount to a final finding that Mainga’s tenure is illegal.
The substantive question concerning the validity of his continued occupation of the office remains before the court.
