The High Court has quashed the appointment of Anthony Mwaura as the chairperson of the Kenya Revenue Authority (KRA) board of directors.
In a ruling on Monday, July 15, Justice Francis Gikonyo said Mwaura’s appointment by President William Ruto was illegal since it was made when he was facing corruption charges.
The High Court Judge pointed out that integrity was not taken into consideration during the appointment of Mwaura.
“The appointment herein suffers procedural infirmity and illegality as relevant material and vital aspects having annexures to the constitutional and legislative purpose of integrity were not taken into account in the actual process,” said Justice Gikonyo.
Despite Mwaura being acquitted of the charges after his appointment as the KRA chair, Justice Gikonyo noted that the move was illegal from the start.
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President Ruto appointed Mwaura as the KRA chairman in a gazette notice on November 17, 2022.
Mwaura replaced former Head of Civil Service Francis Muthaura in the position after his term came to an end.
“I, William Ruto, President of the Republic of Kenya and Commander in Chief of the Defence Forces, appoint Anthony Ng'ang'a Mwaura to be the Chairperson of the Kenya Revenue Authority, for a period of three (3) years, with effect from the 18th November 2022," the gazette notice read.
However, Nakuru-based surgeon Magare Gikenyi moved to court to challenge Mwaura’s appointment.
The medic argued that the appointment was irregular since Mwaura was facing corruption and economic crimes charges.
In the case, Mwaura was accused of embezzlement of Sh 357 million from the Nairobi County Government alongside his wife, Mike Sonko, and 14 others.
The KRA chairperson was acquitted of the charges on February 7 after the prosecution failed to prove the alleged fraud.
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