The High Court has revoked the appointment of Anthony Mwaura as the Kenya Revenue Authority (KRA) Board of Directors chairperson.
In a ruling on July 15, 2024, the High Court revoked the appointment terming it irregular and unconstitutional as Mwaura was facing corruption and economic crimes charges at the time.
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Justice Francis Gikonyo while delivering the verdict said that Mwaura was facing Ksh357m graft charges at the time of his appointment as KRA Chairperson in 2022
The judge ruled that President William Ruto‘s decision to appoint Mwaura on November 18, 2022 ‘suffered procedural infirmity and illegality’.
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Justice Gikonyo said the acquittal long after his appointment does not cure the fact that the move was illegal from the start.
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“The appointment herein suffers procedural infirmity and illegality as relevant material and vital aspects having annexures to the constitutional and legislative purpose of integrity were not taken into account in the actual process,” Justice Gikonyo said.
Appointment of Anthony Mwaura as KRA Board Chair Challenged
Mwaura’s appointment had been challenged by Nakuru-based surgeon Dr Magare Gikenyi who argued that he was facing corruption and economic crimes charges as well as forfeiture of proceeds of crime when he was appointed the KRA chairperson.
In his submission, the complainant said the appointment was irregular and therefore null and void.
However, the KRA board chair defended his appointment arguing that it was done strictly in line with the procedures and the law as the President exercised the powers granted to him by the KRA Act.
He argued that the mere fact that a person was facing a charge does render him unfit to enjoy his or her rights and fundamental freedoms under the Constitution, unless limited by the law.
Mwaura further argued that the appointment did not violate any single provision of the law
The KRA Board chair while referring to his record as the revenue’s chair highlighted that he has diligently executed his duties, claiming that it has resulted in massive improvement in tax collection.
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Mwaura in his submission further argued that there is no evidence that the President was not aware that he was facing the charges when he appointed him as the KRA chairperson.
The judge termed the argument as an indictment of insensitivity towards significance and the place of national values, leadership and integrity as stated in the Constitution, and “quite unfortunate and arrogant”.
Verdict
Justice Gikonyo in his ruling maintained that courts would be setting dangerous precedence where the appointing authorities make illegal appointments and later find ways of sanitizing the same.
“Such a move will also make the court party to the sanitization of such illegalities. It is worth repeating that attornment for an illegality is the removal of the illegality by judicial remedy,” the judge said.
He further dismissed Mwaura’s submission in which he argued that the corruption case was politically motivated, stating that it was neither here nor there.
Mwaura assumed the role replacing Francis Muthaura who was appointed by retired President Uhuru Kenyatta in October 2019.
President Ruto in a gazette notice dated November 18, 2022, appointed Mwaura as the chairperson of the KRA board, while the rest of the board members were to be appointed by former Treasury Cabinet Secretary Njuguna Ndung’u.
Soon after his appointment, the KRA chair appeared to play both the role of the chief executive officer and chairman.
Mwaura has also previously served as the chairman of the elections board of the President Ruto’s United Democratic Alliance (UDA) party.
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