Petitioner Decries Danger After Mainga petition

A petitioner has claimed that his life is in danger after he yesterday filed a petition seeking the immediate removal of the Kenya Railways Corporation Managing Director Philip Mainga, alleging that he is currently occupying the office unlawfully and posing significant risks to the governance and integrity of the state corporation.

Speaking to the Press, Hussein Ahmed has stated that the MD has sent threats to him for seeking he goes on terminal leave and an acting MD appointed in his place.

In documents filed before the court, Hussein argues that the continued stay in office by the Managing Director who has surpassed the mandatory retirement age of 60 violates Kenya’s constitutional, statutory, and public service requirements.

According to the filings, the Public Service Commission (PSC) has failed to enforce the law despite repeated requests to clarify the officer’s tenure, recruitment process, and contract renewal status.

The petitioner states that the Managing Director’s continued occupancy exposes Kenya Railways to:

“Irregular procurement practices, questionable contracts, and potential misuse or misallocation of public resources.”

Without lawful oversight or intervention, it is argued, decisions made under his authority could bind the corporation to illegal or ultra vires transactions, placing public funds and national assets at risk.

The PSC, the Ministry of Roads and Transport, and Kenya Railways Corporation are accused of ignoring or refusing to release key documents including job advertisements, shortlisted candidates, board resolutions, and contract records despite multiple formal requests made in 2024 and 2025 under Article 35 of the Constitution and the Access to Information Act, 2016.

According to the petitioner, this lack of transparency frustrates public oversight and undermines constitutional principles of accountability, integrity, and merit-based leadership.

The PSC’s inaction, the filing claims, has “condoned irregularity and procedural illegality,” eroding public trust and breaching provisions of the Leadership and Integrity Act, 2012, as well as the Public Service (Values and Principles) Act, 2015.

The petitioner warns that failure to act urgently could result in “irreversible and potentially unlawful contracts and decisions,” with far-reaching consequences for public resources and national development projects.

The application seeks conservatory orders to compel the Managing Director to immediately commence terminal leave and to halt any further exercise of authority pending a lawful and transparent recruitment process.

The petitioner argues that granting these orders would not prejudice the respondents, as they are preventive in nature and intended to preserve the status quo and protect the public interest.

The court is expected to consider whether the continued occupancy of the office violates constitutional thresholds and whether urgent judicial intervention is necessary to avert further harm to the institution and national assets.