Court suspends Muthaura’s appointment as KRA chairman


Court suspends Muthaura's appointment as KRA chairman
Amb. Francis Muthaura. PHOTO| COURTESY

In Summary

Justice Byrum Ongaya issued the ruling pending the hearing and determination of a petition filed by acivist Okiya Omtatah. In the petition, Omtatah argues that the appointment of Muthaura as Chairman and Charles Makori Omanga, Mukesh Shah, Leornard Ithau and Susan Mudhune as members of the KRA board is unlawful. The petitioner wants the court to declare as null and void sections of law which allow the President and the Cabinet Secretary to handpick and appoint individuals to the KRA Board without subjecting them to an open, fair, competitive, and merit-based recruitment process.

The High Court has suspended the appointment of Ambassador Francis Muthaura and four others to the Kenya Revenue Authority (KRA) board.

Justice Byrum Ongaya issued the ruling pending the hearing and determination of a petition filed by acivist Okiya Omtatah.

In the petition, Omtatah argues that the appointment of Muthaura as Chairman and Charles Makori Omanga, Mukesh Shah, Leornard Ithau and Susan Mudhune as members of the KRA board is unlawful.

The petitioner claims the President handpicked the four without the involvement of the Public Service Commission and without adhering to the laid down constitutional values and principles of the rule of law, fairness and inclusiveness.

“Any members of the KRA Board must be professionally recruited by the Public Service Commission through a foolproof process that meets the Constitutional threshold of being open, fair, competitive, and merit-based but
inclusive,” avers Omtata.

The petitioner wants the court to declare as null and void sections of the  State Corporations Act and the Kenya Revenue Authority Act which allow the President and the Cabinet Secretary to handpick and appoint individuals to the KRA Board without subjecting them to an open, fair, competitive, and merit-based recruitment process.

Omtata avers that the President has no powers under the Constitution handpick and appoint persons to the Board of the KRA.

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