Kenya Railways boss barred from disposing of scrap metals

Kenya Railways Managing Director Philip Mainga (right) inspects rehabilitation works on the Voi–Taveta railway line. [Maarufu Mohamed, Standard]

Kenya Railways Corporation (KRC) Chief Executive Officer Philip Mainga has been barred from disposing of scrap metal and other related infrastructure materials pending hearing and determination of a petition challenging the disposal procedures.

Justice Joe Omido directed that Mainga, KRC Board of Directors, Muranga Freight Logistics Limited and ABCOS Industrial Limited refrain from dismantling and disposing off any KRC 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, Muranga Freight Logistics Limited and ABCOS Industrial Limited from further removing, transporting, selling, transferring, processing, melting, dismantling, concealing or otherwise disposing of any KRC’ 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.

The judge further 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 include CCTV recordings, GPS and vehicle tracking records, vehicle logbooks, gate registers, weighbridge records, delivery notes, invoices, purchase orders, disposal authorisations, tender and auction documents.

CLT filed a petition before Justice Omido seeking for conservatory orders stopping the disposal of KRC assets.

In his application, CLT Executive Director Julius 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 terminus.

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

He said that Mainga, who doubles as a KRC Managing Director, gave the instructions for disposal of the said materials.

“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.

Ogogoh sought for conservatory orders seeking to stop the disposal of the said KRC railway scrap metal, railway sleepers, rails or any other infrastructure materials from any of KRC termini.

The Director also asked the court to direct KRC and Maingi to disclose documents authorising the removal and disposal of railway materials, including valuation, tender, auction, sake, 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 materials.

Ogogoh asked the court to order KRC and 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.

He said the movement of the said assets was done without adequate public disclosure of the statutory authority, disposal process or documentation pursuant to which the materials were removed.

The Director said the conduct of KRC, Mainga, KRC Board of Directors, Muranga Freight Logistics Limited and ABCOS Industrial Limited raises serious questions touching upon the protection of public property, management and disposal of assets, accountability of state officers and compliance with the constitutional values of transparency, integrity and accountability.

He said certain consignments have been conveyed in motor vehicles owned, operated and associated with Muranga Freight Logistics.

Ogogoh said the same were taken to a private yard reportedly associated with ABCOS Industrial Limited at Athi River within Machakos County.

He said the trucks transporting the said materials were escorted by police officers from the National Police Service (NPS).

“The deployment of NPS to provide armed escort for private vehicles transporting public assets to a private sanctuary and the use of public security to escort public assets to an unlicensed private yard using unauthorized private vehicles is a grotesque manifestation and constitutes a severe breach of the law and abuse of power,” said Ogogoh.

He said that KRC declined to furnish them with records to ascertain whether the materials were moved for authorized storage, repair, salvage or lawful disposal and whether they complied with applicable asset disposal act framework.