The Kenya Revenue Authority has been dealt a blow after the High Court declared that the June 2023 recruitment of 1,406 revenue service assistants was unconstitutional.
Justice William Musyoka said the recruitment violated the law regarding diversity and inclusion as a bigger percentage of the jobs was allocated to only two communities.
He stated that KRA did not act consistently with the Constitution resulting in a large section of Kenyans not being treated equally.
In his meaning, the Judge barred the taxman from recruiting and appointing staff at all levels, until an ethnic diversity and regional balance policy is deployed.
The same should be deployed within 30 days from March 1, 2024.
"An order barring the respondents from recruiting and appointing staff at all levels, until an ethnic diversity and regional balance policy is deployed, giving effect to the values and principles stated in the preamble and Article 232(g)(h) (i) of the Constitution, which policy should be in place within 30 days of this order," Musyoka's ruling reads.
He also declared the October 9, 2023, advertisement for the recruitment of 600 graduate trainees, which restricted employment opportunities to youth below 28 years, unconstitutional.
Opposing the submissions in the petition filed by Peter Orogo, KRA said applicants in the June 2023, recruitment were so many that it opted for an aptitude test and those with the highest scores were recruited.
It said the process was not interfered with and that most of the applicants were from the two communities; Kalenjins and Kikuyus.
It was further submitted that they gave prominence to merit based on aptitude then others like regional balance and ethnic diversity followed.
KRA also denied claims that there was no policy to guide inclusivity in recruitment.
On capping the age at 28, the authority said it targeted fresh graduates further saying there was no discrimination.
During the ruling, Justice Musyoka noted that KRA, being a public body should adhere to high standards of professional ethics.
"I have found that the recruitment did not accord to Article 232(1)(h)(i) of the Constitution, and, therefore, that rendered the same unconstitutional," Musyoka ruled.
