The High Court in Kisumu has halted the removal, transportation and disposal of railway scrap metal and other infrastructure materials belonging to Kenya Railways Corporation amid allegations that public assets are being moved to a private yard without proper documentation.
Justice Joe M. Omido issued interim conservatory orders on Thursday, October 29, 2026, barring Kenya Railways Corporation, its managing director and two private logistics firms from dealing with the materials pending further directions from the court.
The orders followed an urgent petition filed by human rights defender Julius Ogogoh and the Centre for Litigation Trust, who allege that railway scrap metal, sleepers and rails have been removed from Kenya Railways facilities in Kisumu, Eldoret, Naivasha and Mombasa.
According to the petitioners, the materials were being transported by trucks allegedly belonging to Muranga Freight Logistics Limited to a private yard operated by Abcos Industrial Limited in Athi River.
In court documents, the petitioners also raised concerns over the alleged involvement of police officers in escorting the trucks transporting the public assets.
An affidavit sworn by Ogogoh states that the operation came to light on September 29, 2026, after a truck, registration number KDX 035F/ZC2524, reportedly broke down about four kilometres from Voi along the Nairobi-Mombasa Highway.
The petitioners claim Kenya Wildlife Service rangers intercepted the vehicle and discovered that the driver lacked documents, including a packing list, gate pass and weighbridge permit.
They further allege that Kenya Railways Deputy Security Manager Daniel Okeyo was supervising the operation and had indicated that he was acting on instructions from Managing Director Philip Mainga.
In the interim orders, Justice Omido restrained the first, second, fifth and sixth respondents from removing, transporting, selling, transferring, processing, melting, dismantling, concealing or disposing of the railway materials from Kenya Railways facilities.
The court also directed the respondents to preserve all evidence relating to the movement of the materials, including CCTV footage, GPS tracking records, weighbridge records, delivery notes, invoices and payment records.
The petitioners argue that the alleged activities violate constitutional principles of transparency, accountability and responsible management of public resources.
They have also cited the Public Procurement and Asset Disposal Act, 2015, and the Scrap Metal Act, 2015, in challenging the legality of the alleged disposal.
The application, petition and court directions are to be served on all respondents and interested parties by close of business on November 2, 2026.
The matter will be mentioned on November 5, for further directions.
The court warned that disobedience of its orders could attract penal consequences.
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