Court dismisses petition against hiring of commissioners at KRA
A judge on Thursday said the appointment of Kenya Revenue Authority (KRA) Commissioner General John Njiraini was in accordance with the law.
Constitutional and Human Rights Court judge David Majanja threw out a petition that was seeking to nullify Mr Njiraini’s appointment to head the authority.
The Consumers Federation of Kenya led by its secretary-general, Stephen Mutoro, had challenged the appointment of Mr Njiraini, commissioner for customs services Beatrice Memo and commissioner for domestic taxes — large taxpayers office Pancrasius Nyagah, saying their recruitment violated the values in Article 10 and 35 of the Constitution.
The lobby also argued that the KRA board ought to have advertised the position of the commissioner-general through a neutral agency like the Public Service Commission to allow for transparency and public participation.
But in his ruling on Thursday, Mr Justice Majanja said the recruitment of the tax bosses was above board.
“I am satisfied that the board adopted a rational procedure intended to fulfil the national values and principles. There is no basis for this court’s intervention,” ruled the judge.
The judge also said that there was no requirement under the KRA Act for the board to appoint an independent panel to short-list candidates for hiring or that interviews be held in public.
Cofek had submitted that KRA’s board was under a legal duty to fill the positions in a competitive and open way that allowed public participation.
