By Bonface Mulyungi

A petitioner has moved to court seeking to overturn the appointment of Adan Mohamed as Commissioner General of the Kenya Revenue Authority (KRA), arguing that the appointment violates constitutional and public service regulations on retirement age.

In court documents filed before the High Court, petitioner Benard Opere claims that Mr Mohamed is above the mandatory retirement age of 60 years for public officers as provided under Regulation 70 of the Public Service Commission Regulations, 2020.

Opere argues that publicly available records indicate that Mr Mohamed was born in December 1963, making him about 62 years old and therefore ineligible for appointment to the position.

The petitioner further contends that the appointment is illegal, null and void and contravenes Articles 10, 73 and 232 of the Constitution, which outline the principles of good governance, integrity, accountability and professionalism in public service.

According to the court filings, the appointment also offends provisions of the Public Service Commission Act and undermines the rule of law by allegedly disregarding statutory retirement requirements.

Opere is seeking conservatory orders to bar Mr Mohamed from assuming and discharging the functions of Commissioner General pending the hearing and determination of the case.

He argues that unless the court intervenes urgently, Mr Mohamed could proceed to make far-reaching administrative and financial decisions at the tax authority, potentially rendering any future court orders ineffective.

The petitioner maintains that the court has a constitutional duty to safeguard compliance with the law and ensure adherence to the prescribed terms of service for public office holders.

Mohamed’s appointment as KRA Commissioner General was announced on Monday in a Gazette notice by National Treasury Cabinet Secretary John Mbadi.