The High Court has halted the appointment of Kenya Revenue Authority (KRA) Chairman Anthony Mwaura.
While delivering the ruling on Monday, July 15, Justice Francis Gikonyo said that Mwaura’s appointment suffered procedural infirmity and illegality.
The High Court Judge noted that the appointment was unconstitutional since it was made when Mwaura was facing corruption charges.
“Criminal charges including corruption and economic crimes against a person are relevant considerations of testing integrity, conviction of an offense is also yet another material for testing integrity . Failure to disclose conflict of interest is a matter relevant related in the office you hold or to be appointed to is also relevant material in testing integrity,” said the Judge.
Justice Gikonyo pointed out that Mwaura’s appointment was illegal from the beginning despite him being acquitted of the charges.
President William Ruto appointed Mwaura as the KRA chairman for three years in a gazette notice on November 17, 2022, succeeding Francis Muthaura whose tenure had come to an end.
“In exercise of the powers conferred by section 6(2) (a) of the Kenya Revenue Authority Act, I, William Ruto, President of the Republic of Kenya and Commander in Chief of the Defence Forces appoint Anthony Ng’ang’a Mwaura to be the Chairperson of the Kenya Revenue Authority, for a period of three (3) years, with effect from the 18th November 2022,” the gazette notice read.
Magare Gikenyi, a Nakuru-based surgeon, challenged Mwaura’s appointment, claiming it was unlawful because he was appointed despite facing corruption allegations.
In the case, the KRA chairman was accused of embezzlement of Sh 357 million from the Nairobi County Government alongside his wife, former Nairobi Governor Mike Sonko, and 14 others.
In his defense, Mwaura claimed that his nomination was legal because the President followed all applicable legislation.
Mwaura was however acquitted in the case in February this year.
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