Kenya Railways Managing Director Philip Mainga. [File, Standard]
A fresh petition has been filed challenging the legality of Kenya Railways Managing Director Philip Mainga’s continued occupation and exercise of the powers of the office months after his alleged second term expired.
The Centre for Litigation Trust has moved to the High Court’s Constitutional and Human Rights Division in Nairobi, arguing that Mainga’s continued stay in office raises serious constitutional and statutory questions concerning the lawful exercise of public authority at the State corporation.
According to the petition, Mainga was appointed Managing Director/CEO for an initial three-year term commencing on or about February 3, 2020.
His first term allegedly expired on February 2, 2023, after which he was reportedly granted a further three-year term.
The petitioner argues that the second term consequently expired on or about February 2, 2026, but Mainga has continued to occupy and exercise the powers and functions of the office.
“The Petition concerns the legality and constitutionality of the continued occupation and exercise of a public office in a State Corporation contrary to the Constitution and the applicable statutory framework,” the Centre for Litigation Trust says.
The petition has been filed against Kenya Railways Corporation, the chairperson of its board, Mainga, and the Attorney-General, with the Public Service Commission named as an interested party.