Judge Declares KRA Board Chairman’s Appointment Illegal and Unconstitutional

High Court judge Francis Gikonyo has revoked the appointment of Mr Anthony Mwaura as KRA Board Chairman, terming it illegal and unconstitutional. The judge noted that national values and integrity were not adhered to while appointing Mwaura, adding that it was inconsistent with the constitution.

“Criminal charges, including corruption and economic crimes against a person, are relevant considerations for testing integrity; the 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 are to be appointed to and is also relevant material in testing integrity,” the court noted. 

Judge Gikonyo said that public trust is a crucial requirement for public officers, and despite the fact that Mwaura was facing corruption and economic charges., the latter is still pending according to the information provided to the court.

Similarly, the judge dismissed Mwaura’s argument that nothing prevented his appointment at the time, saying it was not defensible. However, the judge said that the national values and principles of governance in Article 10 on leadership are of real value in governance. 

He said petitioner Dr. Benjamin Gikenyi’s argument to support the claim that the appointment of Mwaura was inconsistent with the law is not misplaced. 

“The country should embark on building a culture on national values and leadership based on national values, integrity, and principle,” the court noted.