Kenya Railways Corporation and its managing director Philip Mainga will have to face continued investigations over the Maai-Mahiu floods after the High Court rejected their attempt to put on hold orders that could lead to criminal action over the deaths of 76 people.
The corporation and Mainga had asked the court to suspend the orders issued on July 3, 2026, arguing that they had already challenged the decision at the Court of Appeal and could be subjected to investigations and prosecution before their appeal is heard.
However, the High Court found that they had not provided enough evidence to show that allowing the orders to remain in force would cause them substantial loss.
The judge dismissed their application, allowing the directions requiring investigations into the April 29, 2024 disaster to remain in place.
The floods occurred after water that had collected around a railway embankment broke through and swept into nearby villages in Maai-Mahiu.
Police told the court that 76 people died in the disaster, which left victims and families seeking answers over what caused the deadly flooding and whether anyone should be held criminally responsible.
The victims later filed a case against the Director of Public Prosecutions, the Attorney-General, the Inspector-General of Police, Mainga, Kenya Railways and the Public Procurement Regulatory Authority.
They argued that the relevant State agencies had failed to ensure proper investigations and criminal accountability following the deaths.
In the judgment delivered on July 3, 2026, the High Court found that the disaster was connected to failures that could have been avoided by State agencies.
The court rejected the view that the flooding was simply an unavoidable natural event and pointed to the role played by the railway embankment in the tragedy.
It held that the embankment was an artificial structure under State management and that its failure could not be treated as an act beyond human control.
The court stated: "the railway embankment being an artificial structure... when it burst, it was not an 'Act of God' but a structural failure of State-managed property."
The court also questioned why investigations into the Maai-Mahiu deaths had taken so long.
It referred to the 2018 Solai Dam disaster, where investigations were completed and criminal charges were brought against people who were found responsible.
The court noted that the response to the Maai-Mahiu tragedy had not resulted in similar action to establish whether anyone should face criminal charges.
As part of its orders, the court directed police to finish their investigations and ensure that people found culpable are charged.
The DPP was also required to take action, with the court giving victims the option of seeking private prosecution if the authorities failed to act within 30 days.
That order opened the possibility of criminal proceedings against people believed to have played a role in the deaths, including senior officials linked to Kenya Railways.
Kenya Railways and Mainga subsequently challenged the decision before the Court of Appeal.
At the same time, they returned to the High Court seeking to stop the implementation of the judgment until their appeal is determined.
They argued that the deadlines imposed by the High Court would continue to run while the appeal was pending.
According to their case, this could result in criminal investigations and prosecution being pursued against them before the Court of Appeal had considered their challenge to the legality of the orders.
They informed the High Court that they had already lodged a notice of appeal against the orders.
The application, however, failed to convince the judge that the judgment should be suspended.
The court said the applicants had not shown what serious loss they would suffer if the orders requiring investigations continued to operate.
"I am not persuaded that the 4th and 5th respondents (Kenya Railways and Mr Mainga) have laid before the court evidence that they will suffer substantial loss," he said.
The decision leaves the July 3, 2026 orders intact while the appeal process continues.
It also keeps in place the 30-day window given to the police and the DPP to investigate the deaths and take action against anyone found responsible.
If the authorities fail to act as directed, the victims and relatives of those who died can rely on the court's earlier order allowing them to pursue private prosecutions.
The High Court's latest decision therefore leaves the question of criminal responsibility for the Maai-Mahiu floods open as Kenya Railways and Mainga continue with their appeal.