In Summary

• Transport stakeholders have urged the Judiciary to curb what they term as frivolous and unsubstantiated petitions targeting public officers.
• The group says repeated court cases against Kenya Railways Managing Director Philip Mainga risk disrupting the operations of a key State institution.

A section of transport sector stakeholders has called on the Judiciary to guard against the abuse of court processes, citing what they describe as a growing trend of frivolous petitions and legal challenges aimed at intimidating public officers.

Speaking during a press briefing on Wednesday, the stakeholders, led by Jacob Miller, expressed concern over the increasing number of court cases filed against Kenya Railways Managing Director Philip Mainga, arguing that many of the petitions have failed to stand the test of the law.

The group maintained that while the Constitution guarantees access to justice and the right of every citizen to seek legal redress, the courts must also ensure that judicial processes are not weaponized to settle personal scores, pursue political agendas, or tarnish the reputations of public officials.

“The Judiciary remains a cornerstone of democracy and the rule of law. However, the constitutional right of access to justice under Article 48 should not be exploited through petitions intended to harass, intimidate or unfairly damage the reputation of public officers,” said Miller.

The stakeholders noted that Mainga has been the subject of multiple petitions and legal complaints in recent years, many of which have reportedly been dismissed by the courts. They argued that the trend raises concerns about the potential misuse of judicial processes for publicity and character assassination.

According to the group, repeated litigation against public officials can divert attention from service delivery and undermine the effectiveness of institutions charged with implementing critical national projects.

“We fully support accountability, transparency and lawful oversight of public institutions. What we oppose is the misuse of court processes as tools for personal vendettas, political battles or publicity-seeking campaigns,” the stakeholders said.

The group emphasized that Kenya Railways plays a strategic role in the country’s transport and logistics network and that its leadership should be allowed to discharge its responsibilities without unnecessary distractions arising from unsubstantiated legal challenges.

They further urged the Judiciary to scrutinize petitions carefully and take measures to deter abuse of the legal system while preserving citizens’ constitutional rights.

The stakeholders insisted that their call should not be interpreted as opposition to accountability, stressing that public officers must always remain answerable for their actions.

“Accountability must be pursued through credible evidence, due process and lawful procedures. The filing of a petition alone should not become grounds for public condemnation before a matter is heard and determined by the courts,” they stated.

The stakeholders also claimed that several heads of State corporations have raised concerns over targeted intimidation and blackmail through repeated litigation. They called on the Judiciary to help strike a balance between protecting access to justice and preventing the courts from being used as instruments of harassment and reputational attacks against public officials.

“As a country, we must safeguard both the right to seek justice and the integrity of public institutions. The courts should remain forums for genuine grievances, not platforms for character assassination,” the stakeholders concluded.