High Court suspends order quashing Mwaura appointment as KRA chair
High Court suspends decision nullifying appointment of KRA Chair Anthony Mwaura
High Court suspends decision nullifying appointment of KRA Chair Anthony Mwaura
The High Court has suspended the implementation of a decision that quashed the appointment of Anthony Mwaura as the chairperson of the Board of Directors of Kenya Revenue Authority.
Justice Francis Gikonyo suspended the execution of the judgment delivered on July 15 for 30 days as Mwaura pursues an appeal.
In an order dated July 17, the court directed that parties in the case be supplied with certified copies of proceedings and judgment.
Mwaura argues that he suffered an illegality and wants the court to quash the said decision.
The Judge had quashed his appointment saying it was illegal as it was made at a time when he was facing corruption and economic crime charges.
While revoking his appointment on July 15, High Court Judge Francis Gikonyo noted that the national values and integrity were not adhered to while appointing Mwaura, adding that it was inconsistent with the Constitution.
The Judge had quashed his appointment saying it was illegal as it was made at a time when he was facing corruption and economic crime charges.
“The appointment suffered procedural infamity and illegality. The court cannot be part of sanitizing such an illegality,” the Judge said.
He said even though Mwaura claimed that the criminal case he was facing at the time ended in his favour, the same does not make it okay for an appointment made in breach of the law.
Mwaura had argued before court that nothing prevented his appointment but the Judge said his appointment while the graft case was pending at the time was in breach of the law.
“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.
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The Judge said the appointment was irregular as it violated the law and the constitution. Mwaura was appointed as KRA’s Chairman on 18 November 2022 by President William Ruto on the advice.
What followed was a case filed by Nakuru-based Dr Benjamin Gikenyi who challenged the legality of his appointment.
The Dr argued that Mwaura was at the time facing a myriad of criminal charges before the Milimani Anti Corruption Court in Milimani Magistrate Court relating to the theft of colossal sums of money from the Nairobi County Government in Nairobi.
He was however acquitted in the case on February this year.
He had been charged alongside former Nairobi Governor Mike Sonko and others for allegedly embezzling Sh357 million from the county.
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