Transport sector stakeholders have called on the Judiciary to take firm measures against what they describe as a growing trend of unnecessary and unsubstantiated court petitions targeting public officers, particularly Kenya Railways Managing Director Philip Maing
Speaking to the media on Wednesday, the stakeholders led by Jacob Miller questioned the unending pattern of court cases against Mainga.
According to the stakeholders, while the constitution guarantees the independence of the Judiciary and the right by citizens to file petitions,the courts should also play a role in protecting state officers.
"We understand that the judiciary plays a critical role in upholding the rule of law, protecting citizens' rights and ensuring accountability within public institutions, however, the constitutional right of access to justice under Article 48 should not be abused through petitions and court proceedings allegedly intended to intimidate, harass or damage the reputation of public officers," he said.
This year alone, the Kenya Railways MD has faced a number of court cases in petitions that have ultimately been thrown out.
The stakeholders expressed particular concern over what they termed a sustained stream of petitions and legal complaints targeting Mainga, arguing that some of the actions appear to generate publicity rather than provide credible avenues for addressing genuine grievances.
They said repeated litigation against public officials risks distracting institutions from their core mandates and creating an environment where officers are subjected to reputational attacks despite being presumed innocent until proven otherwise.
“We support accountability, transparency and lawful scrutiny of public institutions. However, judicial processes should never become tools for personal vendettas, political battles or publicity-seeking campaigns,” the stakeholders said.
According to the transport sector stakeholders, Kenya Railways is a strategic State institution whose operations have significant implications for the country's transport and logistics sector.
They said its leadership should be allowed to discharge its mandate without unnecessary disruptions arising from what they described as repetitive and unsubstantiated legal challenges.
The stakeholders further urged the Judiciary to scrutinise petitions carefully and guard against abuse of court processes while preserving every citizen's constitutional right to seek justice.
They stressed that calling for protection of public officers from frivolous litigation should not be interpreted as opposition to accountability.
“Public officers must remain accountable, but accountability must be pursued through credible evidence and due process. The mere filing of a petition should not become a licence to condemn or publicly vilify an individual before the matter is heard and determined,” they said.
