The High Court in Nairobi has nullified the appointment of Anthony Mwaura as the Kenya Revenue Authority’s (KRA) board chair, citing integrity issues at the time of his appointment in November 2022.
In a ruling by Justice Francis Gikonyo, the court found that since Mwaura was facing several charges, including corruption, economic crimes, and proceeds of crime, his appointment was illegal.Mwaura had previously served as chair of the ruling party’s election board, a position he was reappointed to in April 2024.In February, Mwaura, his wife, and former Nairobi Governor Mike Sonko were acquitted in a Kshs. 357 million corruption case, with the court saying the prosecution had failed to provide evidence.In January, Mwaura won a separate case against the Nairobi County Government where his company, Hardi Enterprises, had sued the devolved unit for a disputed amount of more than KShs. 500mn.
“Criminal charges including corruption and economic crimes against a person are relevant consideration of testing integrity , conviction of an offence is also yet another material for testing integrity…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,” Justice Gikonyo said in the ruling on Monday. The case had been filed by public interest litigator Dr. Benjamin Gikenyi.
Mwaura’s appointment as the UDA head of national elections board in April sparked controversy, with the opposition arguing that both he and KPLC chairperson Joy Brenda Masinde (Midivo) should have resigned their positions. The ruling party argued that board chair positions did not make them public officers, hence there was no conflict of interest.
Why it MattersMwaura’s appointment as KRA board chair in November 2022 was largely viewed as a reward for his support of President Ruto. The sensitivity of the position meant that it was among the most watched appointments, hence triggering the case that found his appointment illegal.
Mwaura still has 17 months left on his first term of three years, and it is likely that he will seek to appeal the ruling in a higher court. But of greater interest is the overall political climate at the moment, which might make it untenable for him to stay at the helm of the boardroom at Times Towers.
The position tends to attract public interest due to the role of KRA in the economy. In 2018, another public interest litigator, and now Busia Senator, Okiya Omtatah, tried to get the then board, chaired by former Head of Public Service Francis Muthaura, nullified. At the time, he cited that the appointments had not been competitive, and that some of the appointees were beyond the retirement age.
ADVERTISEMENT
