Petition filed to remove Kenya Railways MD Philip Mainga over SGR project

The petitioner, 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 court documents, the petitioner claims there was a failure to disclose procurement documents, SGR contracts, loan agreements, expenditure records, procurement evaluations, feasibility studies and project appraisal reports related to the multibillion-shilling railway project.

The petitioner further argues that the respondents denied Kenyans access to information on the SGR project, failed to facilitate meaningful public participation, and did not adequately address concerns over alleged procurement irregularities.

The petition also alleges that the continued tenure of the Kenya Railways Managing Director is unconstitutional, arguing that his leadership has undermined public confidence in the corporation and is inconsistent with the principles of integrity, accountability and transparency under Chapter Six of the Constitution.

The petitioner contends that procurement processes surrounding the SGR lacked openness, competitiveness and cost-effectiveness as required under Article 227 of the Constitution and the Public Procurement and Asset Disposal Act.

Among the orders sought, the petitioner wants the court to declare the continued occupation of office by the Kenya Railways Managing Director unconstitutional, compel the relevant authorities to commence the process of his removal 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 to investigate 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.

Additionally, the petitioner is seeking conservatory orders barring the Managing Director from making procurement, contractual, financial or policy decisions on behalf of Kenya Railways Corporation pending the hearing and determination of the case.