High Court Petition Seeks Sudden Exit of Kenya Railways Boss Over SGR Project

A petition has been filed at the High Court seeking the removal of Kenya Railways Corporation (KRC) Managing Director (MD) Philip Mainga over alleged constitutional violations. The case links directly to the governance and management of the multi-billion-shilling Standard Gauge Railway (SGR) infrastructure project.

The petitioner, Wahome Mucunu, argues that the state corporation head failed to uphold the law. The lawsuit claims several breaches of the Constitution of Kenya, specifically focusing on transparency, accountability, and the prudent management of public funds allocated to major national transport networks.

According to court documents, the petitioner claims there was an outright failure to disclose critical procurement documentation. This includes specific SGR contracts, loan agreements, expenditure records, procurement evaluations, engineering feasibility studies, and comprehensive project appraisal reports.

Mucunu contends that the state corporation denied citizens access to crucial information.

Furthermore, the petition states that the corporation failed to facilitate meaningful public participation on the project. It also asserts that management did not adequately address persistent concerns raised regarding alleged procurement irregularities during the execution of the railway infrastructure.

The legal challenge argues that Mainga’s continued tenure is unconstitutional.

According to the suit, his leadership has undermined public confidence in the institution, and it is inconsistent with the principles of leadership and integrity under Chapter Six of the Constitution.

The petitioner maintains that the procurement processes for the railway lacked openness, competitiveness, and cost-effectiveness. These attributes are legally mandated under Article 227 of the Constitution and the Public Procurement and Asset Disposal Act (PPADA).

The suit seeks specific court orders.

Mucunu wants the High Court to declare the continued occupation of office by the Managing Director unconstitutional, forcing relevant authorities to initiate his removal.

He is also demanding the immediate publication of all SGR contracts, loan agreements, and financial disclosures to ensure full public oversight.

Additionally, the petition seeks orders directing the Ethics and Anti-Corruption Commission (EACC) to investigate procurement and governance concerns surrounding the railway project.

The petitioner wants the Auditor-General to conduct a special audit, alongside a comprehensive forensic audit of all procurement and expenditure.

Pending the hearing, the petitioner wants conservatory orders barring the official from making financial or policy decisions.

This legal battle occurs at a time, when Kenya is expanding its rail systems. President William Ruto recently broke ground for the Naivasha-Malaba SGR extension project, but unresolved issues from earlier phases continue to attract legal challenges.

The multi-billion-shilling infrastructure developments have frequently faced public scrutiny over how contracts are managed and financed.

Apart from this specific case, the state corporation has navigated several administrative hurdles under its current leadership.

Recently, the National Assembly Public Accounts Committee (PAC) summoned top management to explain delays, that have affected payments to pensioners.

Lawmakers demanded to know, why retirement benefits remained unreleased for years, adding pressure onto internal operations.

Separately, a different lawsuit filed in the Employment and Labour Relations Court (ELRC) by Masha Wario also challenged the chief executive’s position.

That matter focused heavily on transparency, although it specifically targeted the official renewal parameters of his employment contract.

Both legal challenges highlight the intense accountability pressures currently facing Kenya's primary railway transport infrastructure managers.