An Eldoret resident has petitioned the High Court to reverse the appointment of James Githii Mburu as Kenya Revenue Authority Commissioner-General.
Joseph Sawe, through lawyer Kaira Nabasenge, argues that the appointment breached the Constitution and should be quashed.
Treasury Cabinet Secretary Henry Rotich on June 4 appointed Mburu to replace John Njiraini.
Sawe lists Mburu as an interested party in the suit he against the Attorney General, Rotich and the KRA board of directors.
The petitioner says Mburu's appointment together with the renewal of Central Bank of Kenya Governor Patrick Njoroge's tenure contravene the Constitution. President Uhuru Kenyatta on May 24 extended Njoroge's term to 2023.
Sawe says the appointment and renewal adversely affect national unity, the rule of law, participation of the people, equity, non-discrimination, equality, transparency and accountability.
“The appointment of the two public service officers at CBK and KRA are skewed and biased in favour of one community or ethnic group and is in violation of Article 232 of Constitution that guarantees a public service that is founded on ethnic diversity," the petition states.
Sawe says that both Mburu and Njoroge are from the same ethnic community.
He also argues that at the CBK, Njoroge had taken over from Njuguna Ndung’u while Mburu is replacing Njiraini. All of them share a common cultural background and descent.
The petitioner says President Kenyatta acted in contravention of the Constitution by appointing Njoroge and Mburu.
"In a period of 12 days two key appointments in the public service that are biased, skewed in favour of one ethnic group and it’s a clear demonstration of discrimination against the rest of other ethnic groups in the country," the petition states.
According to Sawe, CBK and KRA, being the key financial and revenue institutions, are captives of ethnicity and have been reserved for one ethnic group in discrimination against other communities.
He alleges the KRA board submitted five names of the top candidates to Rotich for the KRA position, but he opted for Mburu unjustifiably.
Nabesenga says, “We are asking the court to declare that the Gazette Notice No 4857 dated June 4, 2019, on the appointment of Mburu is null and void."
He wants to stop Rotich from effecting Mburu’s appointment and the court to order the CS to make a fresh appointment from the list of candidates forwarded to him by the KRA board.
The court has ordered Sawe to serve all the respondents and interested parties before the case is heard.
(Edited by P. Wanambisi)
