Activist moves to court to force KRA boss out of office

Activist Okiya Omtatah on Friday filed a case at the Milimani law court seeking to have Kenya Revenue Authority (KRA) board stopped from extending Commissioner General John Karimi Njiraini’s tenure.

Omtata also wants the court to immediately retire Njiraini and simultaneously commence the process for recruiting and appointing a new Commissioner General for KRA in strict compliance with the law.

He claims that the impugned intended extension of the tenure is discriminatory against all those public officials who have exited the public service upon turning 60 years of age.

Omtatah argues that from the time Njiraini turned 58 years of age, the board, together with National Treasury Cabinet Secretary Henry Rotich were under obligation of the law to commence the process of identifying his possible successors to enable Njiraini’s smooth exit from the service when he attains the mandatory retirement age of sixty (60) years.

Omtatah claims that Njiraini, having been born on 20th December 1957, ought to have vacated office and proceeded on the mandatory six months terminal leave pending retirement.

He further argues that he believes that Njiraini will on 19th December 2017, attain the mandatory retirement age in the public service of 60 years.

Omtatah also faulted KRA board of directors and the CS Rotich for retaining Njiraini in the public Service, contrary to government policy to send exiting CEOs on six months terminal leave pending their retirement from the public service upon their attaining the age of 60 years.

“The petitioner is inviting the honorable court to intervene and determine the constitutional and legal validity of the impugned extension of service for the interested party,” reads the petition.

He says that keeping the KRA boss in employment beyond the mandatory retirement age for public servants will be illegal and unconstitutional and, therefore, invalid, null and void.

He now wants the court to prohibit the board whether by themselves, or any of their employees or agents or any person claiming to act under their authority from keeping Njiraini in public employment beyond the 19th day of December 2017.