A new court petition questions the appointment of Adan Mohamed as the Commissioner General of the Kenya Revenue Authority over retirement age rules and adherence to public service laws.
Cabinet Secretary for the National Treasury John Mbadi announced the appointment of Adan Mohamed in a Gazette notice issued on Monday. Adan Mohamed is the new KRA boss.
The petitioner, however, Benard Opere, has filed a case in the High Court to stop the appointment. Mohamed is above the mandatory retirement age for public officers in Kenya, he says. Rule 70 of the Public Service Commission regulations stipulates that most public servants shall retire at the age of 60 years unless they are eligible for special exemptions.
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“Publicly available records indicate that Adan Mohamed was born in December 1963 and is approximately 62 years old,” court documents say. The petition says the appointment was in contravention of articles 10, 73, and 232 of the constitution that promote integrity, accountability, transparency, and professionalism in the public service.
Benard Opere has asked the court to stop Adan Mohamed from taking office until the judges hear and decide the case. He claims the Commissioner General of KRA makes huge financial and administrative decisions that could impact public operations if the appointment turns out to be invalid.
The case has attracted public attention because KRA is a critical part of the machinery of obtaining taxes necessary to fund government programs and reduce Kenya’s widening budget deficit.
Adan Mohamed served as the Cabinet Secretary for Industrialization and Trade under former President Uhuru Kenyatta and has worked in several senior positions in the government and private sector.
The High Court is expected to give directions on the petition in a few days.
