Justice Francis Gikonyo deemed Mwaura’s appointment by President William Ruto as illegal as he was facing corruption charges at the time of his appointment.
The High Court on Monday, July 15 quashed the appointment of Anthony Mwaura as the chairperson of the Kenya Revenue Authority (KRA) board of directors.
Justice Francis Gikonyo deemed Mwaura’s appointment by President William Ruto as illegal as he was facing corruption charges at the time of his appointment.
He further ruled that the national values and integrity were not adhered to while appointing Mwaura and that it was inconsistent with the constitution.
“Criminal charges including corruption and economic crimes against a person are relevant considerations on testing integrity, the conviction of an offence is also yet another material for testing integrity.
Kenya Revenue Authority (KRA) offices at Times Tower, Nairobi. /FILE
“Failure to disclose conflict of interest is a matter relevant related to the office you hold or to be appointed to is also relevant material in testing integrity,” the court noted.
Judge Gikonyo further asserted that public trust is a crucial requirement for public officers and the fact that Mwaura was facing corruption and economic charges, the latter is still pending according to the information provided to the court.
“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,” he added.
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.
The judge had dismissed Mwaura’s argument that nothing prevented his appointment at the time, saying it was not defensible. However, he reiterated that the national values and principles of governance in Article 10 of leadership are of real value in governance.
He further noted that the petitioner, Nakuru-based surgeon Magare Gikenyi’s argument to support the claim that the appointment of Mwaura was inconsistent with the law is not misplaced.
“The country should embark on building culture on national values and leadership based on national values and integrity and principle,” the court noted.
Mwaura replaced former Head of Civil Service Francis Muthaura in the position with effect from November 18, 2022, after his term came to an end.
His appointment was attributed to his loyalty to President Ruto, who rewarded those who stuck with him during the campaign period leading up to the elections in 2022 to various government roles. In particular, Mwaura had served as chairman of the United Democratic Alliance (UDA) party’s National Elections Board (NEB).
However, Dr Gikenyi moved to court to challenge Mwaura’s appointment at KRA, arguing that it was irregular on the basis of Mwaura’s corruption and economic crimes charges.
In the case, Mwaura was accused of embezzlement of Ksh357 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.
KRA Chairman Anthony Mwaura during a past UDA meeting. /CAPITAL GROUP