A Nairobi resident moved to the High Court challenging the appointment of Adan Abdulla Mohammed as the Commissioner General of the Kenya Revenue Authority, arguing that he has exceeded the mandatory retirement age for public officers.
In the petition filed before the Milimani High Court, petitioner Benard Opere says the appointment violates public service laws and constitutional provisions governing leadership and integrity in public office.
Opere sued the Cabinet Secretary for the National Treasury, the Attorney General, the Kenya Revenue Authority, the Public Service Commission, the Chief of Staff and Head of Public Service, and Mohammed.
Mohamed is set to be sworn in on May 20, at the Supreme Court.
According to court documents filed Tuesday, Mohammed was born in December 1963 and is currently 62 years old, which the petitioner says exceeds the mandatory retirement age of 60 years for public officers under Regulation 70 of the Public Service Commission Regulations, 2020, and Section 80 of the Public Service Commission Act.
“The impugned appointment of the 6th Respondent is illegal, null and void ab initio and in blatant violation of Regulation 70,” reads the supporting affidavit sworn by Opere.
The dispute stems from Gazette Notice No. 7393 published on May 18, 2026, appointing the former banker as a Commissioner of the Kenya Revenue Authority for a three-year term effective immediately.
In a supporting affidavit, Opere argued that the appointment is unlawful and unconstitutional, saying it violates Articles 10, 73, and 232 of the Constitution relating to national values, leadership and integrity, and public service principles.
He further contended that allowing the appointment to stand would undermine statutory retirement rules and create a precedent where appointing authorities disregard constitutional and legal requirements.
The petitioner sought conservatory orders suspending the implementation of Gazette Notice No. 7393, barring the Kenya Revenue Authority from swearing in or handing over office to Mohammed, and restraining him from assuming office or exercising powers as Commissioner General pending the hearing and determination of the case.
Justice Gregory Mutai directed that the petition and application be served on all respondents by 5pm on May 20.
The respondents were ordered to file their responses by May 22, 2026.
The matter will be heard on May 27, 2026.
Mohamed was appointed as KRA boss on May 18 after an interview. He will succeed Humphrey Wattanga.
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