Embattled Railways boss Philip Mainga faces prosecution threat over Kitale Rail crossing records
In a directive, the commission said the request falls squarely under the provisions of the Access to Information Act, 2016, which obligates public institutions to disclose information in their custody unless a lawful exemption applies
The Commission on Administrative Justice (CAJ) popularly known as the Ombudsman Office has ordered the Kenya Railways Corporation (KRC) embattled Managing Director Philip Mainga, to release detailed information regarding a “visibility diamond” at a railway level crossing near Kitale town within 21 days, warning that failure to comply could lead to criminal prosecution.
In a directive issued on Wednesday, April 22, 2026, the commission said the request falls squarely under the provisions of the Access to Information Act, 2016, which obligates public institutions to disclose information in their custody unless a lawful exemption applies.
“The commission has ordered the Managing Director, Kenya Railways Corporation (KRC), to release information with respect to the details of the visibility diamond at a level crossing near Kitale Town within 21 days,” the ruling states.
The Ombudsman cautioned that non-compliance would trigger enforcement measures, including possible legal action.
“In the event of non-compliance with the orders above, the Commission shall recommend criminal prosecution against the Managing Director in line with Section 28 of the Access to Information Act, 2016,” it warned.
The directive stems from an information request filed by an applicant identified as W.S., who sought technical and administrative records on the design and safety configuration of the railway-road intersection.
The request specifically covered survey maps, classification details of the crossing, and documentation outlining the visibility diamond — a critical safety feature that ensures adequate sightlines for motorists and train operators.
According to the commission, the Mainga led parastatal had initially responded but failed to adequately address the request, prompting a review that found the corporation had not fully met its disclosure obligations.
The orders now require KRC to provide comprehensive documentation, including the classification of the level crossing, its approval history, and marked survey plans clearly indicating the visibility diamond at the Kitale site.
In its ruling, the commission emphasised that such records fall within the mandate of public institutions and are therefore subject to disclosure.
“Kenya Railways Corporation is legally required to create and maintain records relating to its operations, including railway infrastructure,” the decision notes, adding that the information is presumed accessible unless properly exempted under the law.
