A petition has been filed at the High Court seeking the removal of Kenya Railways Corporation Managing Director Phillip Mainga from office over alleged constitutional violations in the management of the Standard Gauge Railway (SGR) project.
The petition, filed by Wahome Mucunu, alleges that the respondents violated several provisions of the Constitution, including Articles 10, 35, 47, 73, 75, 201, 227 and 232, by failing to uphold transparency, accountability and prudent management of public resources.
According to the court documents, the petitioner claims that procurement documents, SGR contracts, loan agreements, expenditure records, procurement evaluation reports, feasibility studies and project appraisal reports relating to the multibillion-shilling railway project have not been disclosed to the public.
Mucunu argues that the failure to release the documents has denied Kenyans their constitutional right to access information and undermined meaningful public participation in the oversight of the SGR project.
The petition further alleges that procurement processes surrounding the SGR did not meet the constitutional requirements of openness, fairness, competitiveness and cost-effectiveness under Article 227 of the Constitution and the Public Procurement and Asset Disposal Act. The petitioner also contends that Phillip Mainga’s continued stay in office is unconstitutional, arguing that his leadership has eroded public confidence in Kenya Railways Corporation and is inconsistent with the principles of leadership and integrity under Chapter Six of the Constitution.
Among the orders sought, the petitioner wants the High Court to declare Mainga’s continued occupation of office unconstitutional, compel the relevant authorities to commence the process of his removal from office and replacement, and order the publication of all SGR contracts, loan agreements, procurement records and audit reports. The petition also seeks orders directing the Ethics and Anti-Corruption Commission (EACC) to investigate alleged procurement and governance concerns surrounding the SGR project, the Auditor-General to conduct a special audit, and a comprehensive forensic audit of all procurement and expenditure related to the railway.
In addition, the petitioner is seeking conservatory orders barring Mainga from making procurement, contractual, financial or policy decisions on behalf of Kenya Railways Corporation pending the hearing and determination of the petition.
