File, withdraw, repeat: Puzzle of multiple court cases to kick out Kenya Railways boss Mainga

Several court cases seeking the removal of Kenya Railways Corporation (KRC) Managing Director Philip Mainga have been filed in Nairobi and Kisumu, with several withdrawn after directions were issued and fresh petitions lodged.

The cases, filed before the High Court and the Employment and Labour Relations Court (ELRC), raise questions about Mr Mainga’s continued tenure and whether he has exceeded the statutory limit.

The latest petition, filed by Centre for Litigation Trust, asks the court to determine whether Mr Mainga is lawfully in office and to bar him from exercising the powers of managing director if his second term has expired.

The petition was filed by executive director Julius Ogogoh, who says it is a public-interest case. The organisation also wants Kenya Railways to disclose documents supporting his continued tenure, including his appointment letter, renewal instrument, board resolutions, approvals and legal opinions relied on for retaining him.

Kenya Railways, its board chairperson, Mr Mainga and the Attorney-General are respondents, while the Public Service Commission (PSC) is an interested party. The case awaits directions.