Court allows KRA chairman Mwaura to stay in office pending hearing of his appeal

The Court of Appeal has suspended the removal of Kenya Revenue Authority (KRA) Chairman Anthony Mwaura from office, pending the hearing of a petition challenging his removal.

A three-judge bench of the appellate court suspended a July 15 decision by the High Court that ordered for Mr Mwaura’s removal from office saying his appointment was illegal.

“The Motion dated July 18, 2024, be and is hereby allowed in that there will be a stay of execution of the judgment and decree in Nairobi High Court ACEA Petition No. E009 of 2023 pending hearing and determination of the appeal,” Justices Sankale ole Kantai, Pauline Nyamweya, and Jessie Lesiit said.

The Court of Appeal directed the case be listed for hearing on a priority basis when judges resume from their August vacation.

High Court judge Francis Gikonyo had ruled that Mr Mwaura’s appointment by President William Ruto on November 18, 2022, was illegal because it was made while he had an active corruption case in court.

“The appointment herein suffers procedural infirmities and illegality as relevant material and vital aspects having a nexus to the constitutional and legislative purpose of integrity were not taken into account in the actual process of the appointment,” the judge said pointing out that Mr Mwaura was facing corruption and economic crimes charges as well as forfeiture suit over alleged proceeds of crime.

Mr Mwaura had argued that the mere fact that he was facing a criminal charge does not render him unfit to enjoy his or her rights and fundamental freedoms under the constitution unless it is restricted or limited by the law.

He also argued that there is no prohibition, express or implied, in the KRA Act, under which he was appointed, of appointment of a person facing corruption and economic crimes to the office of the chairperson of the KRA Board.

The judge dismissed the argument stating that it does not recognize or assign any weight to the power of integrity provisions in the constitution, implementing legislations such as the Leadership and Integrity Act, Public Officer Ethics Act, codes of conduct and ethics, requirements of declarations of wealth, among others, in the appointment to public offices.

“There is a misconception that a person is said to lack integrity only when he is a convicted criminal- a thought or impression which has distorted the true character, purport, and real effect of leadership and integrity as well as national values and principles of governance provisions in the Constitution and the law,” said the judge.