Kenya Railways Managing Director Philip Mainga at Parliament buildings, Nairobi. [File, Standard]
Kenya Railways boss Philip Mainga has been dealt a major blow after the Labour Court issued interim orders barring him from continuing to occupy and exercise the powers of Managing Director and CEO of the State corporation.
Justice Nzioki wa Makau of the Employment and Labour Relations Court issued the interim orders after considering a petition filed by Joan Machuma Nyongesa, who has challenged the legality of Mainga’s continued tenure at the helm of Kenya Railways.
"Pending the hearing and determination of this Application Inter partes, a conservatory order be issued restraining Maingi, whether by himself, his agents, servants, appointees or any person acting under his direction, from occupying, holding himself out as, representing himself as, or exercising any of the powers, duties and functions of the office of Managing Director and Chief Executive Officer of the Kenya Railways Corporation," Justice Makau ordered.
The judge further ordered that any decision or arrangement purporting to extend or renew Mainga’s tenure beyond the expiry of his last lawful term be suspended.
"The operation and implementation of any decision, instrument, resolution, extension, renewal, reappointment or administrative arrangement purporting to authorise Maingi's continued occupation or exercise of the office after the apparent expiry of the last lawful term be suspended pending the hearing of the application," He ordered.
The case pits Nyongesa against Kenya Railways Corporation, its Board of Directors, Mainga, the Public Service Commission, the Cabinet Secretary for Roads and Transport and the Attorney General.
The respondents have also been directed to file and serve their responses within three days of being served with the application.