Details have emerged that the legal battle challenging the continued tenure of Kenya Railways Corporation Managing Director and Chief Executive Officer Philip Mainga was abruptly withdrawn after the embattled KR boss parted with a clean Sh 5million to the petitioner.
The petition, filed by Joan Machuma Nyongesa at the Employment and Labour Relations Court in Kisumu,had questioned the legality of Mr Mainga’s continued stay at the helm of the State corporation.
The development raised questions about the circumstances surrounding the withdrawal, particularly because it came only a day after the court issued interim orders restricting Mr Mainga from occupying or exercising the functions of managing director and chief executive officer.
Court records cited by multiple media reports show that Ms Nyongesa filed a notice on August 11, 2026, through Allamano & Associates Advocates, stating that she had wholly withdrawn both her application and petition dated August 10.
The notice did not give reasons for the decision to abandon the proceedings.
The withdrawal followed orders issued by Justice Nzioki wa Makau, who temporarily restrained Mr Mainga from occupying, holding himself out as, representing himself as, or exercising the powers and functions attached to the office of Kenya Railways MD and CEO pending an inter partes hearing.
The court had scheduled the matter for hearing on August 18 and directed the respondents to file their responses before then.
The petition centred on Mr Mainga’s appointment history.
According to the case, he was appointed for an initial three-year term beginning February 3, 2020, which ended on February 2, 2023.
He subsequently received another three-year term beginning February 3, 2023.
Ms Nyongesa argued that the second term expired on February 2, 2026, yet Mr Mainga continued exercising the powers of the office.
The petitioner further relied on the Government Owned Enterprises Act, 2025, arguing that the new law did not provide for another term or restart the statutory limit governing the tenure of a chief executive.
The dispute has become part of a series of legal challenges surrounding Mr Mainga’s tenure at Kenya Railways.
Daily Nation reported in August that several cases had been filed in Nairobi and Kisumu seeking to challenge his continued occupation of the office, with some proceedings subsequently withdrawn and fresh petitions filed.
A separate petition was subsequently filed by the Centre for Litigation Trust, again challenging Mr Mainga’s tenure and arguing that his second three-year term had expired on February 2, 2026.
The controversy came as Kenya Railways remains involved in major national infrastructure programmes, including planned railway extensions and other projects involving substantial public resources.
But it’s the behind door circumstances behind Ms Nyongesa’s decision to withdraw her Kisumu petition that have been trailed with a member of the public now petitioning the Judicial Commision to probe the matter.
The withdrawal came before the court could hear the substantive challenge and determine whether Mr Mainga’s continued tenure was lawful.
