• The letter is dated April 7. It has also been copied to members of the LSK appointed under the impugned notice.
• The firm has also urged the CS to revoke the appointments with immediate effect.
Image: Wilfred Nyangaresi
Law Society of Kenya (LSK) has threatened to take legal action if Treasury CS Ukur Yatani does not de-gazette the appointment of some advocates as members of the Tax Appeal Tribunal.
LSK President Eric Theuri says the appointments are unlawful following a High Court directive issued in March 2021, stating that:
“Any new appointment or removal of a member of any of the tribunal under Article 169 of the constitution must be undertaken by the Judicial Service Commission (JSC)."
The directive was issued by Justice Anthony Mrima who said the local tribunals that fall under that section must be transited to the judiciary and the appointment and removal of their members be undertaken by the JSC.
Some of the tribunals that fall under the said section are Seed and Plants Tribunal, Water Appeal Board, Wildlife Conservation and Management Services Appeals Tribunal, Tourist Appeal Board, State Corporations Appeals Tribunal, Transport Licensing Appeal Tribunal, Capital Markets Tribunal among others.
Theuri in a letter to the CS has asked members of the LSK appointed under the impugned notice to uphold the law and decline the said appointment.
Some of the advocates mentioned are Bila Helen Winifred Achieng, Pattrick Lutta Odongo, Bosire Nyamori, Mutava Catherine Ngina, and Ouko Chabeda Mary.
“We, therefore, urge you to revoke the said appointment and de-gazette the said members to allow the Judicial Service Commission (JSC) to make the requisite appointment,” reads the letter.
The letter is dated April 7. It has also been copied to members of the LSK appointed under the impunged notice.
Another law firm acting for Coulibaly associates, a public policy advisory firm, has also challenged the appointments. The associates represented multiple stakeholders during the public participation process of the tax appeals tribunal
“It came to our attention that on April 1, the CS publicized the appointment of members of the tax appeals tribunal in the Kenya gazette. The appointed persons are advocates. But the advisory firm recognizes that the appointments are unlawful and have been made in total disregard of the constitution,” it says.
The firm has also urged the CS to revoke the appointments with immediate effect. Failure to which they will be constrained to seek legal redress.