A petition challenging the continued tenure of Kenya Railways Managing Director and Chief Executive Officer (CEO) Philip Mainga has been withdrawn, a day after a Kisumu court issued orders barring him from exercising the powers of his office.
The petition was withdrawn through a notice filed by the petitioner's lawyers, Allamano & Associates, on Tuesday, August 11, shortly after the Employment and Labour Relations Court issued interim orders against Mainga.
In a letter addressed to the Chairperson and Board of Directors of Kenya Railways Corporation, the lawyers confirmed that both the petition and the accompanying application had been withdrawn, without providing reasons for the decision.
The withdrawal followed orders issued a day earlier by Justice Nzioki wa Makau, who restrained Mainga from occupying the position, holding himself out as the Managing Director and CEO, or exercising the powers and functions attached to the office pending an inter partes hearing.
The court had set August 18, 2026, for the hearing and directed the respondents to file and serve their responses within three days.
The case came amid separate concerns from railway workers over Mainga's leadership. Last month, the Railway Allied Workers Union (RAWU) threatened industrial action over what it described as poor working conditions, low salaries and an outdated remuneration structure.
RAWU Secretary General Erick Tirop accused Kenya Railways management of neglecting employees' welfare and called for Mainga to step aside. He also claimed that the CEO's term had expired earlier in 2026.
The union warned that a strike could disrupt railway operations across the country, including key passenger services operated through the Standard Gauge Railway (SGR).
The withdrawn petition had been filed by Joan Machuma Nyongesa, who challenged Mainga's continued occupation of the CEO position.
Nyongesa argued that Mainga's initial three-year term commenced on February 3, 2020, and ended on February 2, 2023.
She further claimed that his second three-year term, which reportedly began on February 3, 2023, ended on February 2, 2026, raising questions over his continued tenure beyond that date.
The petitioner also argued that the Government Owned Enterprises Act, 2025 does not provide for an additional term or reset the statutory limit governing the tenure of a chief executive.
She raised further concerns over decisions touching on procurement, public assets and major infrastructure projects.
With the petition and accompanying application now withdrawn, the interim orders issued in the case and the scheduled August 18 hearing will not proceed under the matter.
The withdrawal effectively clears the way for Mainga to continue carrying out his executive responsibilities at Kenya Railways, unless challenged through a separate legal proceeding.
