The High Court has nullified the appointment of Anthony Mwaura as the Chairman of the Kenya Revenue Authority (KRA).
Justice Francis Gikonyo presiding over the case, found that Mwaura’s appointment did not adhere to the proper procedures and requirements set forth in the KRA Act and the Public Appointments (Parliamentary Approval) Act. The court determined that the appointment process lacked transparency and failed to meet the necessary criteria for public appointments.
In his ruling, Justice Gikonyo emphasized the importance of adhering to the principles of good governance, transparency, and accountability in public appointments. “The appointment of public officials must be conducted in a manner that promotes public confidence in the integrity of the process,” he stated. “The rule of law and adherence to statutory requirements are non-negotiable pillars of our democratic society.”
The judge further said his acquittal long after his appointment does not cure the fact that the move was illegal from start. “The appointment herein suffers procedural infirmity and illegality as relevant material and vital aspects having annexures to the constitutional and legislative purpose of integrity were not taken into account in the actual process,” Justice Gikonyo said.
His appointment was challenged by Nakuru-based surgeon Dr Magare Gikenyi who argued that he was facing corruption and economic crimes charges as well as forfeiture of proceeds of crime when he was appointed the KRA chairperson.
Anthony Mwaura had previously served as the chairman of the elections board of the president’s United Democratic Alliance Party.
Mr. Mwaura submitted that there is no evidence that Ruto was not aware that he was facing the charges when he appointed him as the chairperson of KRA. But the judge termed the argument as “quite unfortunate and arrogant”and an indictment of insensitivity towards significance and the place of national values, leadership and integrity as stated in the Constitution.
In response to the ruling, the KRA released a statement indicating their respect for the court’s decision and commitment to ensuring a transparent and lawful appointment process. “We remain dedicated to our mandate of revenue collection and national development,” the statement read. “We will work closely with the relevant authorities to ensure a swift and proper appointment of a new chairman.”
Political analysts have noted that this ruling may have broader ramifications for the current administration, which has faced increasing scrutiny over its appointment practices. The court’s decision is seen as a reaffirmation of the judiciary’s independence and its role in upholding the rule of law.
Justice Gikonyo said that courts would be setting dangerous precedence where the appointing authorities make illegal appointments and later find ways of sanitising the same.
