A legal challenge has been filed contesting the tenure of Kenya Railways Managing Director Phillip Mainga and calling for an audit of contracts related to the Standard Gauge Railway (SGR) project.
The petitioner, Wahome Mucunu, argues that Mainga’s appointment in 2018 was on a permanent basis, which contradicts the norm of short-term contracts for state corporation heads. Mucunu contends that Mainga’s term should have ended in 2024.
Concerns have been raised over procurement procedures and transparency within Kenya Railways, particularly regarding the SGR, which Transparency International rated as a high corruption risk with a score of 4.9 out of 5 earlier this year.
"The SGR project has sparked ongoing public debate about accountability, value for money, procurement practices, and debt sustainability," Mucunu states, emphasizing the public’s constitutional interest as financiers through taxation and borrowing.
Transparency International also highlighted that public institutions, including Kenya Railways, have repeatedly failed to provide requested information, hindering public oversight.
Mucunu’s petition seeks a court declaration that the failure to disclose contract details violates the Constitution. It also requests that the court declare Mainga’s tenure expired and compel the Kenya Railways board to appoint a successor.
Additionally, the petitioner demands a thorough audit of the SGR project contracts to restore public confidence in the management of the corporation’s major projects.
