A Nairobi court has temporarily suspended the decision that declared the Kenya Revenue Authority (KRA) Board Chairperson Anthony Mwaura’s appointment null and void.
The court directed that parties in the case be supplied with certified copies of proceedings and judgment., in an order dated July 17.
The chairperson argues that he suffered an illegality and wants the court to quash the said decision.
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.
“Criminal charges including corruption and economic crimes against a person are relevant considerations for testing integrity…conviction of an offence is also yet another material for testing integrity. Failure to disclose conflict of interest is a matter relevant to the office you hold or to be appointed to.”
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Further, the judge said public trust is a crucial requirement for public officers, and the fact that Mwaura was facing corruption and economic charges, with the latter still pending in court, made his appointment unlawful.
Similarly, the judge dismissed Mwaura’s argument that nothing prevented his appointment at the time, saying it is not defensible.
However, Judge Gikonyo said the national values and principles of governance in Article 10 on leadership are of real value in governance.
He said petitioner Dr. Benjamin Gikenyi’s argument to support the claim that the appointment of Mwaura was inconsistent with the law was not misplaced.
