The Employment and Labour Relations Court in Kisumu has issued interim orders restricting Philip Mainga from continuing to exercise the powers and functions of Managing Director and Chief Executive Officer of Kenya Railways Corporation.
Justice Nzioki wa Makau issued the orders on Tuesday, August 11, 2026, after considering an application filed by Joan Machuma Nyongesa challenging Mainga’s continued occupation of the position.
The court directed that the application be served on the respondents for an inter partes hearing on August 18, 2026.
Pending the hearing, the court granted interim orders in terms of prayers one, two and three of Nyongesa’s application.
The orders seek to restrain Mainga, his agents, servants, appointees or anyone acting under his direction from occupying, holding himself out as, or exercising the powers, duties and functions of Kenya Railways’ Managing Director and CEO.
The court also suspended the operation and implementation of any decision, instrument, resolution, extension, renewal, reappointment or administrative arrangement purporting to authorise Mainga’s continued occupation or exercise of the office after the expiry of his last lawful term.
Nyongesa contends that Mainga was substantively appointed for a three-year term beginning February 3, 2020, which expired on February 2, 2023.
According to court documents, Mainga was subsequently reported to have been granted a further three-year term, which commenced on February 3, 2023 and expired on February 2, 2026.
Nyongesa argues that despite the expiry of the reported second term, Kenya Railways has continued to recognise and present Mainga as its Managing Director and CEO.
She has challenged the legal basis upon which Mainga continues to exercise the powers of the office, particularly following the enactment of the Government Owned Enterprises Act, 2025.
The petitioner argues that the continued exercise of executive authority could result in further contracts, procurement decisions, borrowing arrangements, senior appointments and strategic commitments whose legality could later be challenged.
She further argues that the orders will not disrupt Kenya Railways’ operations, saying the corporation’s Board can designate a qualified acting CEO pending determination of the petition and any subsequent recruitment process.
Nyongesa has asked the court to determine the legality of Mainga’s continued occupation and exercise of the office and, where necessary, pave the way for a lawful and competitive recruitment process.
The respondents have been directed to file and serve their responses within three days of being served with the application.
The case will be mentioned for inter partes hearing on August 18, 2026.
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Category: Crime & Justice
About the Author
Rhoda Bogeta is a Kenyan journalist and multimedia storyteller covering current affairs, human-interest, science and environmental stories, with expertise in reporting, photography, videography and digital content creation. Email: rhodabogeta@gmail.com Instagram : i_am_bogetar X : @I_am_Bogetar LinkedIn: Rhoda Bogeta Tiktok : monique.mora_
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