Embattled Kenya Railways Managing Director and Chief Executive Officer Philip Mainga is set to pay millions of shillings as part of an agreement to have a court case challenging his continued stay in office withdrawn, sources familiar with the matter have revealed.
The case, which had raised questions over the legality of Mainga’s tenure, was filed at the Employment and Labour Relations Court by Nairobi resident Masha Wario, who sought orders to stop Mainga from continuing to serve as the head of the state corporation.
Sources close to the negotiations indicated that Mainga is seeking to resolve the matter outside court after agreeing to terms that would allow the petitioner to withdraw the case. The settlement is expected to bring an end to the legal challenge that had placed his leadership at Kenya Railways under scrutiny.
The petition had questioned whether Mainga’s continued stay in office complied with constitutional principles on leadership, integrity, accountability and transparency.
Wario argued that the position of Kenya Railways Managing Director is a public trust office responsible for overseeing critical national infrastructure, managing public resources and protecting government assets.
In the petition filed under a certificate of urgency, Wario named the Public Service Commission and the Kenya Railways Board as respondents, while Mainga and the Ethics and Anti-Corruption Commission (EACC) were listed as interested parties.
The petitioner had argued that uncertainty surrounding Mainga’s tenure raised concerns over whether there was lawful authority allowing him to remain in office.
According to court documents, Wario claimed that there was a lack of publicly available information regarding any renewal, extension or reappointment of Mainga’s contract, raising questions about transparency within the state corporation.
“The office of Managing Director and Chief Executive Officer of Kenya Railways is a public office that must at all times be exercised in accordance with the Constitution and the principles of good governance,” the petition stated.
The case sought orders compelling the Public Service Commission and Kenya Railways Board to provide documents relating to Mainga’s appointment and continued service, including employment contracts, renewal agreements, extension letters, board resolutions, gazette notices and performance contracts.
The petitioner also wanted the court to issue conservatory orders preventing Mainga from carrying out his duties pending determination of the case.
However, with negotiations now underway, the legal battle appears headed for withdrawal, with Mainga expected to meet financial obligations agreed upon as part of the settlement arrangement.
