The High Court in Nairobi has declared the recent recruitment of 1,406 revenue service assistants by the Kenya Revenue Authority (KRA) unconstitutional.
The verdict, delivered by Justice William Musyoka on Monday 4th March 2024, cited a failure to uphold diversity and regional balance as the primary grounds for nullification.
“A declaration that the June 2023 recruitment of the 1,406 revenue service assistants was unconstitutional, as it offends the preamble to the Constitution and the provisions of Articles 10, 27, 56 and 232(g)(h) (i) of the Constitution,” the ruling stated.
The court’s decision comes as a result of findings that revealed a significant portion of the positions had been disproportionately allocated to individuals from only two communities, violating the principles of equality, diversity, and regional representation enshrined in law.
Also Read: KRA Launches Simplified eTIMS Solutions for Businesses
Court Dismisses the Recruitment
Justice Musyoka further emphasized the importance of inclusivity in public service appointments, mandating the KRA to establish a robust ethnic diversity and regional balance policy within 30 days.
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This move not only nullifies the recent recruitment process but also places a temporary halt on future hiring by the KRA until it puts in place the ethnic balance.
The petition was filed by Peter Kabinga Orogo on Oct 12th, 2023, who argued that, among other things, 55.8% of persons recruited are from 2 communities & not representative of the data from the last population census.
The High Court also established that the October 2023 advertisement for the recruitment of 600 graduate trainees by KRA is unconstitutional violating Articles 10,27,56, 232, & 260 of the constitution.
As a public interest case, the court issued no order on legal costs.
Also Read: High Court Dismisses Petition Challenging Housing Bill
KRA Calls for Job applications back in 2023
However, the court order comes after the tax man on May 9, 2023, announced job opportunities for job seekers nationwide.
In a notice, KRA listed only two requirements for interested applicants which included Kenyan citizens aged between 18 years to 30 years and holders of KCSE or IGSE certificates with a minimum grade of C-.
Furthermore, the Revenue Service Assistants were responsible for monitoring traders’ issuance of e-TIMS receipts, actively engaging customers who purchase items from VAT-registered taxpayers and monitoring compliance with excise regulations.
