Railways boss accused of contempt over disposal of scrap metals

Justice Joe Omido issued conservatory orders barring Kenya Railways Corporation from dismantling and disposing of any scrap metal, railway sleepers, rails or other materials. [File, Standard]

The Kenya Railways Corporation Chief Executive Officer, Philip Mainga, has been accused of contempt for failing to stop the disposal of railway scrap metals and other related infrastructure.

On October 29, 2026, Justice Joe Omido issued conservatory orders barring Mainga, KRC Board of Directors, Muranga Freight Logistics Limited and ABCOS Industrial Limited from dismantling and disposing of any KRC railway scrap metal, railway sleepers, rails or other railway infrastructure materials.

Justice Omido certified the petition filed by Centre for Justice Litigation (CLT) as urgent.

“An interim conservatory order is hereby issued, to remain in force until further orders of the Court, restraining the KRC, Mainga, Murang'a Freight Logistics Limited and ABCOS Industrial Limited from further removing, transporting, selling, transferring, processing, melting, dismantling, concealing or otherwise disposing of any KRC’s railway scrap metal, railway sleepers, rails or other railway infrastructure materials from any of KRC’s termini within the Republic of Kenya or otherwise whatsoever,” said Justice Omido.

Further, the judge ordered KRC and the other respondents to preserve all documentary, electronic and physical evidence relating to the removal and transportation of the railway materials, including.

Among the things to be preserved are CCTV recordings, GPS and vehicle tracking records, vehicle logbooks, gate registers, weighbridge records, delivery notes, invoices, purchase orders, disposal authorisations, tender and auction documents.

Yesterday, CLT Executive Director Julius Ogogoh said that despite being fully and vividly aware of the existence of the orders, Mainga, KRC Head of Security, Daniel Okeyo, Maulik Trivedi and Dinesh Trivedi, the directors of Muranga Freight Logistics Limited, have completely and blatantly disobeyed the said orders.

Ogogoh said there has been continued removal and disposal of railway scrap metal, railway sleepers, rails and other infrastructure materials from Mombasa terminus.

“The acts of Mainga, Okeyo, Maulik Trivedi and Dinesh Trivedi are an open contempt and direct defiance of this Honourable Court, deliberate and smack of impunity on their part,” said Ogogoh.

He said there is further intent to remove, transport and dispose of the KRC infrastructure materials at Mariakani and Kibwezi termini.

In his application, Ogogoh said there has been continued removal and disposal of railway scrap metal, railway sleepers, rails and other infrastructure materials from Kisumu, Eldoret, Naivasha and Mombasa termini.

Ogogoh told the judge that there is further intent to remove, transport and dispose of the KRC infrastructure materials at Mariakani and Kibwezi termini.

He accused Mainga of issuing instructions for disposal of the said materials without regard to the court orders.

“The movement has further been undertaken without transparent disclosure of the legal authority, disposal documentation, valuation records, tender documentation, sale agreement, delivery notes or other lawful instruments pursuant to which KRC property could have been removed and delivered to a private yard belonging to the 6th respondent,” said Ogogoh.

In the petition, Mainga, KRC, KRC Board of Directors, Muranga Freight Logistics Limited and ABCOS Industrial Limited were sued.

Ethics and Anti- Corruption Commission (EACC), the Director of Criminal Investigations (DCI) and the Scrap Metal Council were cited as Interested Parties.

He said that the materials were transported using privately owned trucks belonging to a designated private yard.

“KRC being a state corporation cannot lawfully treat public assets as though they are private property of individual office holders or private persons,” said Ogogoh.

The Director asked the court to direct Maingi to disclose documents authorising the removal and disposal of railway materials, including valuation, tender, auction, sale, disposal and delivery documentation.

He also sought preservation orders for all documentary, electronic and physical evidence relating to the removal and transportation of the railway’s materials.

Ogogoh asked the court to order AG to investigate circumstances surrounding the use of police officers to escort privately owned motor vehicles transporting KRC property.

He also sought to have the court direct ABCOS Industrial Limited to ascertain whether the relevant persons and premises were licensed and whether the KRC materials were lawfully acquired and dealt with in accordance with the Scrap Metal Act 2015.