Case filed by Omtatah seeks to block new KRA chairman Muthaura

The High Court has suspended President Uhuru Kenyatta’s move to fire all independent members of Kenya Revenue Authority (KRA) board.

Justice Byrum Ongaya of the Employment and Labour Relations Court has consequently suspended the appointments of Francis Muthaura as chairman alongside members Charles Omanga, Mukesh Shah, Leonard Ithau and Susan Mudhune.

The judge suspended the gazette notice appointing the five until a case lodged by activist Okiya Omatata under a certificate of urgency is heard and determined.

Omatatah in court papers argued that the President applied provisions of the repealed Constitution of Kenya in making the changes.

He also told the court that Muthaura (71) is past the mandatory retirement age of 60 years, hence cannot be hired in the public service unless it is demonstrated that he is indispensable.

“The President’s decision to handpick and appoint people to public offices is a nullity in law to the extent that it is inconsistent with express provisions of the Constitution of Kenya and statute which require public offices to be filled through open, fair, competitive and merit-based but inclusive processes of recruiting and appointing persons into offices in the public service,” argued Omtatah in the application.

Uhuru, in a surprise move, fired board chairman Edward Sambili alongside members Evans Kakai, Constance Kandie and Rashid Ali.

Also removed was Abdi Duale, a brother to National Assembly Majority Leader Aden Duale, who unlike his colleagues got a soft landing after Uhuru appointed him to chair the Kenya Leather Development Council board.

The President’s decision threw the planned replacement of Commissioner General John Njiraini into disarray as the appointments, though effected on Friday, were backdated to effectively render last Wednesday’s board decision giving Njiraini a two-month notice to retire null and void.

The ousted board had been instructed to commence the process of recruiting a new commissioner general.