The High Court in Nairobi has suspended the appointment of newly named Kenya Revenue Authority (KRA) Commissioner General Adan Mohamed, following a petition challenging the recruitment process.
Justice Gregory Mutai issued the orders at the Milimani High Court on Tuesday, freezing the implementation of the appointment until the case is heard and determined. The court certified the petition as urgent and directed that all respondents be served with court documents by May 20, 2026.
In his ruling, Justice Mutai ordered the respondents to file and serve their responses to the notice of motion by 5:00 pm on May 22, 2026. Both parties are expected to file skeleton submissions, bundles of authorities, and case digests by May 26, ahead of the hearing scheduled for May 27, 2026.
The suspension came just hours after Treasury Cabinet Secretary John Mbadi announced Mohamed’s appointment through Gazette Notice No. 7393 dated May 18, 2026, granting him a three‑year term at the helm of the tax authority.
According to court documents, the petition was filed on May 19 by Benard Opere, who argues that the recruitment process contravened constitutional and public service regulations, particularly provisions on the mandatory retirement age for public officers. Opere is seeking conservatory orders to stop Mohamed from assuming office pending the determination of the case.
“The respondents shall file and serve their responses to the notice of motion by 5:00 pm on May 22, 2026,” Justice Mutai directed, adding that the application dated May 19 will be heard on May 27.
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The respondents in the case include the Treasury Cabinet Secretary, the Attorney General, the Kenya Revenue Authority, the Public Service Commission, the Chief of Staff and Head of Public Service, and Mohamed himself.
Opere’s affidavit warns that unless the court intervenes, Mohamed will assume and exercise the powers of the Commissioner General despite the alleged irregularities.
“Unless this Honourable Court urgently intervenes by granting the conservatory orders sought, the 6th Respondent will assume and exercise the powers and functions of Commissioner General of the Kenya Revenue Authority,” the petition states.
By Masaki Enock
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