The Court of Appeal has halted the removal of Kenya Revenue Authority (KRA) Chairman Anthony Mwaura, pending a review of a petition challenging his dismissal. The appellate court, comprising Justices Sankale ole Kantai, Pauline Nyamweya, and Jessie Lesiit, suspended the High Court’s July 15 decision that declared Mwaura’s appointment illegal.
“The Motion dated July 18, 2024, is granted. We stay the execution of the judgment and decree in Nairobi High Court ACEA Petition No. E009 of 2023 until the appeal is heard and determined,” the court announced.
The Court of Appeal has instructed that the case be given priority when judges return from their August vacation. High Court Judge Francis Gikonyo had previously ruled that President William Ruto’s appointment of Mwaura on November 18, 2022, was illegal because Mwaura was involved in an active corruption case at the time.
Judge Gikonyo described the appointment as suffering from procedural flaws and illegality, noting that the process failed to account for crucial integrity considerations. He highlighted Mwaura’s ongoing charges related to corruption, economic crimes, and a forfeiture suit as factors undermining the appointment’s legitimacy.
In response, Mwaura argued that facing criminal charges does not automatically strip him of his constitutional rights and freedoms unless explicitly restricted by law. He also contended that the KRA Act, under which he was appointed, does not explicitly or implicitly prohibit the appointment of individuals facing corruption and economic crime charges to the KRA Board chairperson role.
The judge dismissed these arguments, emphasizing that they overlooked the importance of integrity provisions in the constitution and related legislation. These include the Leadership and Integrity Act, the Public Officer Ethics Act, and various codes of conduct and ethics, which are essential for public office appointments.
“There is a misconception that a person lacks integrity only if convicted of a crime. This misunderstanding distorts the true essence and impact of leadership and integrity principles as enshrined in the Constitution and the law,” the judge remarked.
