A petition has been filed challenging the appointment of Adan Mohammed as the Commissioner-General of the Kenya Revenue Authority (KRA).
In the petition, which is set to be heard next week, Mr Benard Opere argues that Mr Mohammed has exceeded the mandatory retirement age for public servants by two years.
He says the appointment violates the Constitution, Section 80 of the Public Service Commission Act, and the relevant governing regulations.
“Unless this honourable court urgently intervenes, the 6th respondent (Mr Adan) will assume and discharge the functions of the Commissioner-General of the Kenya Revenue Authority, make far-reaching administrative and financial decisions, and entrench an unconstitutional appointment, thereby rendering any subsequent order of this court nugatory and incapable of effective enforcement,” he said.
The High Court directed Mr Opere to serve Treasury Cabinet Secretary John Mbadi, the Attorney General, the Public Service Commission, and Mr Mohammed with the court documents by May 20.
“The Notice of Motion application dated May 19, 2026, shall be heard on the 27th day of May 2026,” the court directed.
In a Kenya Gazette notice, Mr Mbadi appointed Mr Mohammed as the Commissioner-General of KRA for a three-year term.
The former Industrialisation Cabinet Secretary and banker has more than 30 years of leadership experience in banking, consulting, and public service. In a statement, KRA said Mr Mohammed is well-positioned to drive revenue mobilisation and deepen taxpayer trust.
Mr Mohammed was appointed after the tenure of Humphrey Wattanga ended in April and the KRA board opted not to renew his three-year contract.
However, Mr Opere argues that the appointment is contrary to the national values and principles of governance enshrined in Article 10 of the Constitution, including the rule of law, equality, integrity, and good governance.
He added that if the appointment is not reversed, it will set a dangerous precedent in which statutory provisions on retirement age may be overridden by appointing authorities without constitutional or legal basis.
