Kenya: Court voids Anthony Mwaura’s appointment as KRA chair

The High Court has nullified Anthony Mwaura’s appointment as Chair of the Board of Directors at the Kenya Revenue Authority (KRA).

Justice Francis Gikonyo ruled that Mwaura’s appointment was illegal, citing that it occurred while he was facing corruption charges.

“The appointment suffered procedural infirmity and illegality. The court cannot be part of sanitizing such an illegality,” said the Judge.

The judge, in nullifying his appointment, stated that it was irregular and violated both the law and the constitution.

Despite Mwaura’s claim that the criminal case against him had ended in his favor, the judge maintained that this did not justify an appointment made in breach of the law.

Mwaura argued that there was nothing preventing his appointment, but the judge dismissed this argument.

“His appointment while the cases were pending is a problem. The court should not accept the argument by Mwaura less it will set a dangerous precedent where appointing authorities commit illegalities and later find ways of sanitizing them,” said the Judge.

Mwaura was appointed as the Chairman of KRA in November 2022 by President William Ruto.

Subsequently, Nakuru-based Doctor Benjamin Gikenyi filed a case challenging the legality of his appointment.

Gikenyi informed the court that Mwaura was facing multiple criminal charges at the Milimani Anti-Corruption Court, related to the theft of substantial amounts of money from the Nairobi County Government.

He was however acquitted in the case in February this year.

He had been charged alongside former Nairobi Governor Mike Sonko and others for allegedly embezzling Sh357 million from the county.

In a gazette notice dated November 17, Ruto said Mwaura was to serve for a term of three years.

“In exercise of the powers conferred by section 6(2) (a) of the Kenya Revenue Authority Act, I, William Ruto, President of the Republic of Kenya and Commander in Chief of the Defence Forces appoint Anthony Ng’ang’a Mwaura to be the Chairperson of the Kenya Revenue Authority, for a period of three (3) years, with effect from the 18th November 2022,” the gazette notice read.