A petitioner challenging the continued tenure of Kenya Railways Managing Director and Chief Executive Officer Philip Mainga moved to withdraw the case.
This was hours after the Employment and Labour Relations Court temporarily barred him from exercising the powers of his office.
Mainga has served as MD for almost 11 years which is seen wrong and immoral. He was seen untouchable due to the deals he handles.
The notice seeking withdrawal of the petition was filed on Tuesday, August 11, 2026, a day after the Employment and Labour Relations Court in Kisumu issued interim orders restricting Mainga from occupying or exercising the functions of the State corporation’s top office.
The petition had been filed by Joan Machuma Nyongesa through Allamano & Associates Advocates, who challenged the legality of Mainga’s continued tenure as Managing Director and CEO of Kenya Railways Corporation.
In the notice of withdrawal, Nyongesa stated that she intended to abandon both the petition and the application filed against Mainga and the other respondents.
“Take notice that the petitioner herein has wholly withdrawn her Notice of Motion application and petition dated 10th August 2026 against the respondents,” the notice reads.
The notice, however, does not give reasons for the decision to withdraw the proceedings.
The move came shortly after Justice Nzioki Makau issued interim orders barring Mainga from continuing to exercise the powers and functions of the Kenya Railways chief executive
The judge issued the orders after considering the petition and application challenging Mainga’s continued occupation of the position.
“Pending the hearing and determination of this Application inter partes, a conservatory order be issued restraining Maingi, whether by himself, his agents, servants, appointees or any person acting under his direction, from occupying, holding himself out as, representing himself as, or exercising any of the powers, duties and functions of the office of Managing Director and Chief Executive Officer of the Kenya Railways Corporation,” Justice Makau ordered.
The court had directed that the application be heard inter partes on August 18, giving Mainga, Kenya Railways and the other respondents an opportunity to respond to the allegations.
The respondents were also directed to file their responses to the application and the substantive petition ahead of the hearing date.
The interim orders therefore temporarily restricted Mainga from exercising the authority attached to the office as the court considered the petition challenging his tenure.
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