The appointment of former Cabinet Secretary Adan Mohamed as Commissioner-General of the Kenya Revenue Authority has triggered twin court battles challenging his eligibility due to his age. This comes barely a day after National Treasury Cabinet Secretary John Mbadi formally gazetted him into office.
The petitions, filed at the Employment and Labour Relations Court and the High Court in Nairobi, seek orders blocking Mr Mohamed from assuming office pending the determination of the cases.
The litigants argue that the 62-year-old former Industrialization Cabinet Secretary exceeded the mandatory public service retirement age of 60, rendering his three-year appointment unconstitutional, illegal and void.
The legal dispute now threatens to overshadow Mr Mohamed’s anticipated swearing-in after Treasury Cabinet Secretary John Mbadi gazetted his appointment on May 18 following a competitive recruitment process conducted on the same day.
He was picked from six candidates, including KRA commissioners Lilian Nyawanda (Commissioner for Customs and Border Control), Rispah Simiyu (Commissioner for Domestic Taxes), and Fred Mugambi.
Others were Caxton Masudi, Nancy Ng’etich and Lydia Ndirangu (Dual Group Company Secretary and Head of Tax at Equity Bank Group Holdings). Ms Ndirangu and Mr Mohamed were the only external candidate on the shortlist.
The first case was filed by the Consumers Federation of Kenya (COFEK), while the second was lodged by Nairobi resident Bernard Opere.
Both petitions accuse the Treasury, KRA Board, Public Service Commission and other State agencies of breaching constitutional and statutory provisions governing public appointments.
The suits place fresh scrutiny on how retired senior officials continue returning to influential State positions despite retirement laws designed to regulate succession and institutional renewal.
The petitioners argue that Section 80 of the Public Service Commission Act and Regulation 70 of the Public Service Commission Regulations fix the mandatory retirement age for public officers at 60 years.
They contend that Mr Mohamed, born in December 1963, surpassed that limit by about two years before his appointment as KRA Commissioner-General.
COFEK argues that post-retirement engagement under Section 80(2) of the Public Service Commission Act only permits limited and exceptional contractual retention based on rare skills and public interest necessity.
The lobby says the provision cannot lawfully be converted into a parallel pathway for substantive appointment into powerful State offices.
“This Petition raises grave constitutional questions touching on legality in public appointments, integrity in public administration and meritocratic recruitment within public service,” COFEK states in court papers.
The organisation says KRA’s top position had already undergone a competitive recruitment process involving multiple candidates, weakening any claim that only Mr Mohamed possessed indispensable expertise.
In the High Court petition, Mr Opere argues that the appointment violates constitutional provisions on leadership, integrity, equality before the law and accountability in public administration.
“The contested appointment is illegal, null and void and in blatant violation of Regulation 70 of the Public Service Commission Regulations, 2020,” he states in his affidavit.
He further argues that appointing authorities lack legal power to “waive, vary, ignore or suspend” mandatory retirement requirements without express constitutional or statutory authority.
The petitioners also question why the government allegedly bypassed younger qualified candidates despite publicly advertising the position and conducting interviews.
Both suits seek conservatory orders suspending implementation of the Gazette Notice dated May 18, 2026, which formally appointed Mr Mohamed for a three-year term.
The petitioners want the courts to restrain him from assuming office, exercising KRA powers or making administrative and financial decisions pending hearing of the cases.
They are also seeking orders quashing the gazette notice and compelling the government to restart recruitment using candidates who meet all legal requirements, including retirement age rules.
The legal challenge spotlights on broader concerns over re-hiring of high profile persons perceived to be politically connected to senior figures into strategic public offices after retirement.
KRA is one of the most powerful State agencies and is responsible for tax assessment, revenue collection and enforcement on behalf of the government.
The Commissioner-General oversees billions of shillings in annual tax collections and plays a central role in fiscal policy implementation and economic governance.
COFEK says allowing retired officers to occupy strategic public offices without clear statutory exemption undermines equal opportunity, merit-based recruitment and public confidence in State institutions.
The lobby warns that failure to enforce retirement laws consistently risks weakening constitutional safeguards designed to ensure orderly succession and generational transition within public service.
Before his appointment, Mr Mohamed, the former Industry and Trade Cabinet Secretary, previously served in senior corporate and government positions, including at Barclays Kenya and the Kenya Association of Manufacturers.
Neither the Treasury nor KRA had publicly responded to the petitions by the time of publishing this article.
Cofek’s application is scheduled for hearing on May 27, 2026 while Mr Opere’s is pending directions.
