The Consumer Federation of Kenya (COFEK) is preparing to file a fresh petition at the Constitutional and Human Rights Division of the High Court in an effort to challenge the appointment of Kenya Revenue Authority (KRA) Commissioner-General Adan Mohamed.
The move comes shortly after COFEK lost an earlier legal battle at the Employment and Labour Relations Court (ELRC) on Wednesday, July 29, after the court struck out its petition over jurisdiction concerns.
“This afternoon, COFEK moves to the Constitutional and Human Rights Division of the High Court to reinstate this petition in the public interest,” the lobby group stated.
Justice Jacob Gakeri upheld a preliminary objection that resulted in the dismissal of COFEK’s original petition filed on May 19. The court ruled that the ELRC did not have the required jurisdiction to determine the matter.
COFEK’s petition challenged the appointment of Adan Mohamed, arguing that he had exceeded the mandatory public service retirement age of 60 years. The lobby group also claimed that the recruitment process failed to meet constitutional requirements on transparency, merit, integrity, and accountability in public appointments.
The federation further argued that the appointment violated Articles 10, 73, and 232 of the Constitution, which outline principles governing public decision-making and the conduct of state officers.
Although the ELRC ruling effectively halted the petition in that court, COFEK believes the matter can still proceed through the Constitutional and Human Rights Division of the High Court.
The lobby group maintains that the issues raised regarding Mohamed’s appointment have not been resolved and that the dismissal was based only on legal jurisdiction rather than the substance of the allegations.
Justice Gakeri’s decision relied on a recent Supreme Court ruling in the case of Moi Teaching and Referral Hospital versus Gikenyi, delivered on July 3. The ruling narrowed the constitutional jurisdiction of the ELRC, limiting it mainly to employment disputes involving directly affected parties.
The Supreme Court clarified that public interest litigants do not automatically fall within that category, creating the legal challenge that led to COFEK’s petition being dismissed at the ELRC.
COFEK has emphasised that losing on jurisdiction does not amount to losing the case on merit. The organisation argues that the court did not examine the claims surrounding the recruitment and appointment process of the KRA boss.
The federation has vowed to continue pursuing the matter, insisting that questions surrounding Adan Mohamed’s appointment remain unresolved and should be addressed in the public interest.