High Court has nullified the appointment of Anthony Mwaura as the chairperson of the Kenya Revenue Authority (KRA). This is due to his pending corruption and economic crimes charges at the time of his appointment. Justice Francis Gikonyo ruled that the appointment by President William Ruto on November 18, 2022, was procedurally flawed and illegal.
Despite Mwaura’s acquittal occurring after his appointment, Justice Gikonyo emphasized that the illegality was present from the start. Mwaura had replaced Francis Muthaura, appointed by former President Uhuru Kenyatta in October 2019. The appointment faced legal challenges from Nakuru-based surgeon Magare Gikenyi, who cited the corruption charges against Mwaura.
In His Defense
Mwaura argued that his appointment adhered to legal requirements and that he had significantly improved tax collection during his tenure. He maintains that being on charges should not prevent an individual from exercising their rights and freedoms. The charges against Mwaura, his wife Rose Njeri, former Nairobi governor Mike Sonko, and others were initially pursued by the DPP’s office but later put away by then-Chief Magistrate Eunice Nyutu.
Court’s Perspective
Justice Gikonyo stated that permitting such appointments and later validating them would create a dangerous precedent. The judge called for maintaining legal procedures and upholding national leadership standards, noting that the focus was on the legality of the appointment process rather than Mwaura’s innocence or guilt.
Political Implications
Mwaura claims that his corruption case is a political motivation and that President Ruto was aware of the charges when appointing him. However, the judge reiterated that rectifying the illegality required judicial intervention.
In summary, the High Court’s decision centered on the procedural and legal aspects of Mwaura’s appointment, regardless of his subsequent acquittal or performance in office.
READ MORE: KRA Chair Appointment
ALSO READ ABOUT: Azimio and Kenya Kwanza Leaders Remain Divided- Dialogue Fail