Kenya Revenue Authority (KRA) commissioner-general John Njiraini Thursday said a suit by activist Okiya Omtatah touching on his retirement is speculative and an abuse of the court process.
In reply to the case, Mr Njiraini further stated that he has not applied for an extension of his term, which comes to an end on March 3, 2018.
Mr Omtatah moved to the Employment and Labour Relations Court last month seeking to compel KRA board to send Mr Njiraini on terminal leave pending his alleged retirement later in the month.
But the Board chairman, Dr Edward Sambili, said Mr Njiraini has not applied for extension of his contract and the allegations are therefore baseless.
He said the remaining period, before March 3, is adequate enough for the Board to take necessary steps and recruit another commissioner- general.
“The petition is largely speculative and no evidence has been adduced to demonstrate that the appointing authority has neglected its role. He (Mr Njiraini) has demonstrated a stellar performance and there is no allegation made touching on his performance,” Dr Sambili said in a sworn statement.
Dr Sambili wants the court to dismiss the case saying it does not disclose any cause of action and indeed amounts to an abuse of court process. He further states that Mr Omtatah has failed to demonstrate how Mr Njiraini’s position has infringed on his rights.
In the case certified as urgent by Justice Maureen Onyango, Mr Omtatah argued that Mr Njiraini reaches the mandatory retirement age of 60 years on December 19, and should therefore be serving a six-month terminal leave.
He wants the court to compel the KRA board of directors and Treasury secretary Henry Rotich to immediately appoint an acting Commissioner-General as well as send Mr Njiraini on terminal leave.