A second petition has been filed at the High Court seeking the suspension and eventual removal of Kenya Railways Managing Director Philip Mainga over allegations that he abused his office by using State security agencies to target a government critic.
The petition, filed by public interest litigant Eunice Khavai, accuses Mainga of violating constitutional rights by allegedly influencing the arrest, detention and attempted prolonged incarceration of Issa Mohammed Bakari after he criticized the Kenya Railways boss.
According to the petition, Bakari was summoned by officers attached to the Directorate of Criminal Investigations on July 14, 2026, before being questioned over remarks he had allegedly made against Mainga rather than any recognizable criminal offence. The petition claims he was later taken to the Railways Police Station, where investigators repeatedly questioned him about his criticism of the Kenya Railways Managing Director.
Khavai argues that investigators later sought court orders to continue detaining Bakari to facilitate investigations, but the court declined the request and instead ordered his release on a personal bond. She contends that the failed attempt to secure detention demonstrated there was no compelling basis to continue holding him.
The petitioner argues that the alleged actions amounted to an abuse of public office and violated several constitutional provisions, including the rights to freedom of expression, fair administrative action, human dignity, liberty and leadership and integrity.
She further claims that the use of criminal investigative processes against a citizen for criticizing a public official undermines constitutional values, democratic accountability, and public confidence in State institutions.
Among the orders sought, Khavai wants the court to declare that Bakari’s arrest, detention and interrogation violated his constitutional rights and that Mainga abused the powers attached to his office as Managing Director of Kenya Railways.
She is also seeking orders suspending Mainga from office pending investigations, directing the Kenya National Commission on Human Rights to investigate the alleged violations, and compelling the Inspector-General of Police and the Director of Criminal Investigations to carry out independent investigations into the role played by public officers in Bakari’s arrest.
Additionally, the petition asks the court to declare unconstitutional the use of criminal investigations to suppress criticism of public officials and to issue any further orders necessary to protect constitutional rights.
In directions issued on July 26, 2026, Lady Justice Patricia Nyaundi Mande said the application filed by Eunice Khavai against the Kenya National Commission on Human Rights and Phillip Mainga would proceed through the normal court process instead of being heard on an urgent basis.
Justice Nyaundi directed the petitioner to serve the respondents with the petition and application within seven days. The respondents and the interested party have been granted 14 days after service to file their responses.
The court also granted the petitioner leave to file a further affidavit and written submissions within 14 days of service.
The respondents will thereafter have 14 days to submit their written arguments, while the petitioner may file supplementary submissions within seven days.
The matter is scheduled for mention on October 14, 2026, when the court will confirm compliance with the filing directions and give further instructions on the highlighting of submissions.
