The Kenya Revenue Authority has filed documents at the High Court defending the appointment of James Githii Mburu as its Commissioner General.
KRA filed its response in a case where two petitioners are seeking to have the appointment revoked on the grounds that it was done in violation of the Constitution and that the process of appointment favoured one community.
The two petitions against Githii’s appointment were filed separately by Joseph Sawe in Eldoret and Kelvin Maina in Nairobi. The matters have been consolidated and transferred to the Labour Court in Nairobi for full hearing.
The petitioners have sued the Attorney General, KRA board of directors and CS for Treasury who made the appointment of Githii last month.
Sawe, through lawyer Kaira Nabasenge, argues that the appointment of Githii along with renewal of the tenure of Central Bank of Kenya Governor Patrick Njoroge breached the Constitution and should be quashed.
Former Treasury Cabinet Secretary Henry Rotich on June 4 appointed Mburu to replace John Njiraini.
In his petition filed through Nabasenge, Sawe lists Mburu as an interested party in the suit.
The petitioner says Mburu's appointment together with the renewal of CBK Governor'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.
Nabasenge wants KRA to provide detailed results of the last five individuals interviewed for the KRA job.
But in the KRA response, Paul Mwema Matuku who is the authority’s commissioner legal services and board coordination, argues that the authority is an independent institution from the CBK and it followed the due process in the appointment of Githii.
He says an independent firm PWC was hired to carry out the recruitment of the Commissioner General and the process was done professionally.
“The appointment was done purely on merit and the same was conducted taking into account the ethnic diversity with the Authority’s Senior Management”, said Mutuku in his affidavit filed in court.
He says there was no bias or ethnic considerations during the recruitment which was purely based on merit.
The case which was initially filed before Justice Stephen Githinji will now be mentioned at the Labour Court in Nairobi on September 26.
