Anthony Mwaura, the embattled Kenya Revenue Authority (KRA) Board Chairperson, can now breathe a sigh of relief after a Nairobi court temporarily suspended the ruling declaring his appointment null and void.
Mwaura claims that he was subjected to an illegal decision and requests that the court overturn it.
On July 15, High Court Judge Francis Gikonyo revoked Mwaura’s appointment, stating that national ideals and integrity were not upheld, which was contrary to the Constitution.
“Criminal charges including corruption and economic crimes against a person are relevant consideration for testing integrit…conviction of an offence is also yet another material for testing integrity. Failure to disclose conflict of interest is a matter relevant to the office you hold or to be appointed to,” the court ruled then.
The judge said public trust is a crucial requirement for public officers, and the fact that Mwaura was facing corruption and economic charges, with the latter still pending in court, made his appointment unlawful.
Similarly, the judge dismissed Mwaura’s argument that nothing prevented his appointment at the time, saying it is not defensible.
However, Judge Gikonyo said the national values and principles of governance in Article 10 on leadership are of real value in governance.
