High court’s deals a major blow to Ruto’s man 

Justice Francis Gikonyo quashed his appointment by President WiIliam Ruto in November, 2022, stating that it was contrary to the law, and leadership and integrity provisions in Chapter Six of the constitution.

The judge faulted President Ruto for failing to take into account that at the time of his appointment, Mwaura was facing Sh357 million graft charges and forfeiture proceedings of proceeds of crime.

“This court finds that the President failed to take into account at the time of Mwaura’s appoìntment on November 18, 2022, that he was facing corruption and economic crimes charges in Milimani Chief Magistrate Anti-Corruption Court, case number 32 of 2019, and forfeiture proceedings in the High Court.

Therefore I find the appointment was irregular and illegal for breaching the law and the constitution,” Gikonyo ruled.

 In his decision, the Judge concurred with the petitioner a Nakuru based doctor, Magare Gikenyi, that the decision by the Head of State to appoint Mwaura when his integrity was tainted suffered procedural infirmity and illegality.

“The appointment herein suffers infirmity and illegality as relevant material and vital aspects having annexures to the constitutional and legislative purpose of integrity were not taken into account in the process, ” Justice Gikonyo said.

While revoking the appointment the judge noted that the national values and integrity were not adhered to while appointing his, adding that it was inconsistent with the constitution. “An order of certiorari is hereby issued quashing the appointment of Mwaura as the chairperson of the board of directors of KRA,”

If the court allows this to Continue it will set a đangerous precedent where the appointing authority commits legaity and later find ways of sanitisinq them. Francis Glkonyo, High Court judge Justice Gikonyo ruled. Further, the judge said that Mwaura’s acquittal of the graft long after his appointment does not cure the fact that process of his appointment was illegal from the start.

His appointment while the cases were pending is a problem as it constitutesa breach of law. Similarly, the judge dismissed Mwaura’s argument that nothing prevented his appointment at the time, saying it is not defensible. However, the judge said national values and principles of governance in Article 10 in leadership are of real value in governance.

“Criminal charges including corruption and economic crimes against a person are relevant considerations on testing integrity, the conviction of an offence is also yet another material for testing integrity.

“Failure to disclose conflict of interest is a matter relevant related in the office you hold or to be appointed to is also relevant material in testing integrity” he noted. He said the petitioner’s argument to support the claim that the appointment of Mwaura was inconsistent with the law is not misplaced.

In a gazette notice dated November 18, 2022, President Ruto appointed Mwaura as the chair of the KRA Board, while the rest of the board members were to be appointed by the then Treasury Cabinet Secretary, Njuguna Ndung’u.