KRA boss asks court to defer case seeking for his removal

The Kenya Revenue Authority (KRA) Commissioner General John Njiraini has asked the court to put off a case seeking for his removal as KRA boss, pending the determination of another suit on the mandatory retirement age of parastatal chiefs.

Appearing before Justice Nelson Abuodha, Mr Njiraini, through his lawyer Waweru Gatonye, told the court that his term was extended for another year, through a circular issued by Head of Public Service Joseph Kinyua.

However, the said circular has since been suspended by another judge.

Justice Abuodha of the Employment and Labour Relations Court noted that he and the other judges might issue conflicting rulings on the two matters. He suggested that the file, which was handled by Justice Onesmus Makau, be brought to him or KRA seeks to join the other case as an interested party.

He said whereas a petition challenging the circular does not involve the parties before him, it may be prudent it be brought before him because it was on the basis of the disputed circular that Mr Njiraini’s contract was renewed.

READ: Court suspends directive allowing parastatal bosses to serve beyond 60 years

He said he will make the ruling on the application on April 20 and directed that the parties file their written submissions within seven days.

In a circular dated February 27 titled Terms of service for State Corporation’s chief executive officers, Mr Kinyua scrapped the age and term limits, allowing the top civil servants to work beyond the mandatory retirement age of 60 years. The circular also said the CEOs can serve more than two terms.

On March 27, Justice Onesmus Mutua temporarily suspended the circular and further stopped the government from implementing Kinyua’s directive that was sent to Cabinet Secretaries and Principal Secretaries in all ministries, until Okiya Omtata’s petition is heard and determined.

“Kinyua’s irregular desire to retain CEOs of public bodies in the public service beyond the mandatory retirement age, is anathema to the rule of law, will block the advancement of other deserving Kenyans, and is discriminatory against other public servants who are forced to retire upon attaining 60 years of age,” the activist says in court papers in the Kinyua petition.

Mr Omtatah said Mr Kinyua’s designation as Head of the Public Service is extremely irregular as it undermines the mandate and authority of the PSC. He accuses Mr Kinyua of usurping the powers and mandate of the PSC.

“The petitioner is aggrieved that the 1st respondent has given himself powers and a mandate unknown in law as the occupant of the non-existent office of the Head of the Public Service, and has issued a statutory instrument purporting to amend existing subsidiary legislations on the mandatory retirement age,” he said.

Mr Omtatah moved to court last year arguing that Mr Njiraini should be on terminal leave, pending his retirement.

The activist argued that Mr Njiraini reached the mandatory retirement age of 60 years on December 19, and should be therefore serving a six-month leave.

READ: KRA silent as Njiraini’s term comes to an end

It was his argument that KRA board of directors and Treasury Cabinet Secretary Henry Rotich should immediately appoint an acting commissioner general and at the same time, send Mr Njiraini on leave.

He accused the board and Mr Rotich of neglecting their duties, and breaching the law on the 60-years mandatory retirement age for public officials.

The board through its chairman Dr Edward Sambili defended Mr Njiraini stating that the petition is largely speculative and no evidence has been adduced to demonstrate that the appointing authority has neglected its role. He said Mr Njiraini has demonstrated a stellar performance and there is no allegation made touching on his performance.