The Employment and Labour Relations Court in Nairobi will hear a public interest petition challenging the continued tenure of the Managing Director of the Kenya Railways Corporation.
The case, filed by governance activist Wahome Francis Mucunu, questions the legality of the state corporation’s leadership after the expiry of the office holder’s contractual term and attainment of the mandatory retirement age. The petition lists the Managing Director, the Kenya Railways Board, and the Public Service Commission as respondents.
Court documents state the Managing Director was appointed in 2018 for a three-year term, confirmed in 2020, and later granted a further extension in 2023. The petitioner argues the term has since lapsed and that the office holder has already reached the statutory retirement age of sixty years but continues to exercise full executive authority.
In the petition, Mucunu claims the continued stay in office violates constitutional governance principles. He states the continued exercise of power “exposes the Corporation to financial, operational and reputational risks” and may undermine public confidence in a strategic national institution.
He further accuses the Kenya Railways Board of failing to enforce succession procedures and alleges the Public Service Commission did not intervene to ensure compliance with public service regulations. The petition says the ongoing occupancy of the office amounts to a breach of constitutional provisions on leadership and integrity and undermines transparency and accountability in public service.
The petitioner also warns that decisions made under the disputed authority — including procurement approvals and long-term financial commitments could expose the corporation to legal challenges.
Among the orders sought are suspension of the Managing Director from exercising powers of the office, commencement of mandatory terminal leave, preservation of corporate records, and supervision of succession planning by the Public Service Commission pending determination of the case.
In directions issued on 19 February 2026, Lady Justice Jemimah Wanza Keli ordered the application served within 14 days and set the matter for an inter-partes hearing, noting “it is unfair to condemn the employee unheard.”
The case will be heard on 11 March 2026 and is expected to test enforcement of tenure limits and retirement rules within state corporations.
