High Court revokes appointment of Anthony Mwaura as KRA Chairman
By Joseph Ndunda |
Justice Gikonyo said Mwaura's appointment at the time he was facing criminal and corruption-related charges was in violation of Article 10 of the Constitution.
The High Court has revoked the appointment of Kenya Revenue Authority (KRA) board chairman Anthony Mwaura after finding his appointment was in violation of the public officers' ethics.
Justice Francis Gikonyo of the High Court in Narok said Mwaura's appointment at the time he was facing criminal and corruption-related charges was in violation of Article 10 of the Constitution.
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Mwaûra was charged with economic crimes at the Milimani Anti-Corruption Court in 2019.
Gikonyo said the fact that there were proceedings for forfeiture of Mwaura's property suspected to be proceeds of crime is relevant material to make him unsuitable.
The judge said with this in account, the vital aspect of exerting the constitutional and legislative purpose of integrity was not taken into account in the actual process of the appointment of Mwaura as the chairperson of the KRA board of directors.
Gikonyo said this formulation is understood better in line with the functions of KRA under section 51 of the KRA Act.
"Therefore, contrary to the submissions by (Mwaura) on the petitioner's argument and the pending Anti-Corruption and economic crimes charges as well as forfeiture proceedings of proceeds of crime to support the claim, that the appointment of (Mwaura) was inconsistent with the law and constitution is not misplaced," Gikonyo ruled.
The judge said the matters were relevant consideration in his appointment as the chair of the tax collector's board of directors.
"Insufficient"
Mwaura had argued that the pending cases and investigations were not sufficient to prevent his appointment at the time.
"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 public," Justice 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."
The appointment therefore suffered procedural illegality.
Mwaûra was appointed on November 18, 2022.
And Nakuru medic Benjamin Mangare Gikenyi filed the petition.
Mwaûra argued that the criminal charges have since been terminated in his favor and is not facing any such charges anymore.
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