The High Court Monday quashed the appointment of Anthony Mwaura as the Chair of the Board of Directors at Kenya Revenue Authority (KRA)
Justice Francis Gikonyo said the appointment of Mwaura was illegal as it was made when he was facing corruption charges.
“The appointment suffered procedural infirmity and illegality. The court cannot be part of sanitizing such an illegality,” said the Judge.
The judge said it was irregular as it violated the law and the Constitution.
He said even though Mwaura claimed that the criminal case he was facing at the time ended in his favour, the same does not make it okay for an appointment made in breach of the law.
Mwaura had argued before the court that nothing prevented his appointment but the Judge dismissed the argument.
“His appointment while the cases were pending is a problem.
The court should not accept the argument by Mwaura less it will set a dangerous precedent where appointing authorities commit illegalities and later find ways of sanitizing them,” said the Judge.
Mwaura was appointed as KRA’s Chairman in November 2022 by President William Ruto.
This was despite him having an active criminal case then.
What followed was a case filed by Nakuru-based Dr Benjamin Gikenyi who challenged the legality of his appointment.
Gikenyi told the court that Mwaura was at the time facing a myriad of criminal charges before the Milimani Anti Corruption Court in Milimani Magistrate Court relating to the theft of colossal sums of money from the Nairobi County Government in Nairobi.
He was however acquitted in the case in February this year.
He had been charged alongside former Nairobi Governor Mike Sonko and others for allegedly embezzling Sh357 million from the county.
In a gazette notice dated November 17, 2022 Ruto said Mwaura was to serve for a term of three years.
“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.
The legal team of Mwaura was set to challenge the judgment which will have a huge impact on those having criminal cases and serving in public offices.
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