The High Court Monday quashed the appointment of Anthony Mwaura as the Chair of the Board of Directors at Kenya Revenue Authority (KRA).
The court found his appointment violated public officers’ ethics.
Justice Francis Gikonyo held that Mwaura’s appointment on November 18, 2022 as chairperson of KRA board suffered “procedural infirmity and illegality”.
Judge Gikonyo noted that the national values and integrity were not adhered to while appointing Mwaura adding that it was inconsistent with the Constitution.
The judge further said the termination of the criminal proceedings in his favor long after the appointment did not adorn for an appointment made in breach of the law.
Gikonyo faulted President William Ruto for failing to take into account that at the time of his appointment, Mwaura was facing Sh357 million graft charges and forfeiture proceedings of proceeds of crime in court.
“The fact that the first respondent was facing corruption and economic crimes charges and forfeiture proceedings of proceeds of crime are relevant material and vital aspects having an access to the constitutional and legislative purpose of integrity and were not taken into account in the actual process in the appointment of the 1st respondent as the chairperson of the KRA board of directors,” Justice Gikonyo said.
Ruto appointed Mwaura through a gazette notice dated November 18, 2022 who replaced Francis Muthaura who was appointed by former President Uhuru Kenyatta.
His appointment was challenged by a Nakuru-based surgeon Dr Magare Gikenyi who argued that he was facing corruption and economic crimes charges when he was appointed the KRA chairperson.
Dr Gikenyi said the appointment was irregular and therefore null and void.
Mwaura had argued that the pending cases and investigations were not sufficient to prevent his appointment at the time.
He also submitted that there is no evidence that the president was not aware that he was facing the charges when he appointed him as the chairperson of KRA.
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.
“The national values and principles of governance in article 10 and leadership and integrity provisions in chapter six of the constitution are not mere adornments and are of the real value of governance and regulate the exercise of the public,” Gikonyo said.
“The country should now embark on building natural, cultural practices for leadership based on among other things the natural values and principles of governance and integrity provisions of the law and justice. The appointment of Mwaura went against each of all the laws, culture and practices.”
He had been charged alongside former Nairobi Governor Mike Sonko and others for allegedly embezzling Sh357 million from the county.
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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