The High Court yesterday revoked the appointment of Kenya Revenue Authority (KRA) board chairman Anthony Mwaura after finding that his appointment violated the Public Officers’ Ethics Act.
A judgment rendered by Justice Francis Gikonyo said Mwaura’s appointment at the time he was facing criminal and corruption-related charges violated Article 10 of the constitution.
While revoking his appointment, Justice Gikonyo noted that the national values and integrity were not adhered to while appointing Mwaura, adding that it was inconsistent with the constitution.
The judge faulted President William Ruto for failing to take into account that at the time of his appointment Mwaura was facing Sh357 million corruption charges and forfeiture proceedings of proceeds of crime in court.
“The appointment was irregular and consistent with the constitution and the law and therefore illegal,” the Judge said.
Mwaura was charged with economic crimes at the Milimani anti-Corruption Court in 2019.
Gikonyo said the fact that there were proceedings for forfeiture of Mwaura’s property suspected to be proceeds of crime is relevant material to make the politician unsuitable for appointment.
The judge said with this in account, the vital aspect of exerting the constitutional and legislative purpose of integrity was not taken into account in the actual process of the appointment of Mwaura as the chairperson of the KRA Board of Directors.
Mwaura had argued that the pending cases and investigations were not sufficient to prevent his appointment at the time.
“The national values and principles of governance in article 10 and leadership and integrity provisions in chapter six of the constitution are not mere adornments and are of the real value of governance and regulate the exercise of public,” Justice Gikonyo said.