NAIROBI, Kenya, May 20-The Employment and Labour Relations Court has moved to enforce procedural timelines in a petition challenging the appointment of Kenya Revenue Authority (KRA) Commissioner-General Adan Abdulla Mohamed, in a case that is now raising fresh questions over governance certainty at the tax agency.
In orders issued by Justice Jacob Gakeri on 19 May 2026, the court directed that the Notice of Motion filed by the Consumers Federation of Kenya (COFEK) be served on all respondents immediately, with proof of service filed without delay ahead of further directions scheduled for 21 May 2026.
The move comes just days after his appointment to lead the tax agency.
“THAT the Notice of Motion be served upon the respondents forthwith and affidavit of service filed.”
“THAT the Notice of Motion be placed before the trial court on 21st May 2026 for further directions.”
The court also attached a penal notice, warning parties that failure to comply with the orders would attract legal consequences, signaling strict enforcement of procedural discipline as the matter proceeds.
At the heart of the petition is the legality of Gazette Notice No. 7393 dated 18 May 2026, which appointed Mohamed to head the tax authority for a three-year term.
Petitioners further argue that the appointment is inconsistent with the constitutional framework governing public service, maintaining that it undermines the principles of merit, transparency, and accountability in public appointments.
They contend that the process failed to fully comply with the leadership and integrity requirements set out under Articles 73 and 232, and therefore falls short of the standards expected in the recruitment and appointment of senior public officers.
The case has listed an array of respondents, including the National Treasury, the KRA Board, the Public Service Commission, and the Attorney General, with Mohamed listed as an interested party.
COFEK argues that the appointment violates constitutional and statutory provisions, including alleged breach of mandatory retirement age rules for public officers and principles of public service integrity.
The case now shifts focus to Thursday’s mention, where the court is expected to give further directions that could determine the pace and scope of the hearing.
Mohamed’s appointment, announced through a special gazette notice on 18 May 2026, replaced former Commissioner-General Humphrey Wattanga who moved to Australia as Kenya’s head of mission following his appointment by President William Ruto.
