The Nairobi Court, led by Justice Bahati Mwamuye, has temporarily halted the Kenya Revenue Authority’s new organizational structure after a petition argued that it violated constitutional principles of public participation. The changes could increase staff tiers significantly, leading to a higher wage bill while also raising concerns about procurement practices. The case will involve several interested parties and will be further considered in hearings scheduled for 2025.
A Nairobi Court has halted the implementation of a newly proposed organizational structure at the Kenya Revenue Authority (KRA) due to a petition filed by the Trusted Society of Human Rights Alliance. This decision was rendered by Justice Bahati Mwamuye from the Milimani High Court’s Constitution and Human Rights division, who issued a conservatory order to stay the implementation of both Phase One and Phase Two of the KRA’s revised structure.
The court’s ruling specifically states that it will remain in effect until the hearing and determination of the applicant’s motion scheduled for later this year. The petitioner argues that the proposed restructuring does not comply with constitutional mandates related to public participation and the lawful use of public funds, thereby contravening Articles 10, 232, and 236 of the Constitution of Kenya.
Furthermore, the petitioner highlighted that the organizational changes would increase KRA’s grading from ten to fourteen tiers, potentially exacerbating the agency’s wage bill. Concerns were raised regarding the incorporation of the Department of Supply Chain Management into the Office of the Commissioner General, which could lead to conflicts of interest and undermine procurement processes. This is seen as a violation of the principles outlined in the Public Procurement and Disposal Act.
The court has also included other parties in this matter, such as the National Treasury, the Public Service Commission, and the Salaries and Remuneration Commission. The hearing for the applicant’s motion is set for March 31, 2025, while further deliberation on the outcome will occur on April 28, 2025, in a virtual setting.
In conclusion, the Milimani High Court’s decision to suspend KRA’s restructuring proposal addresses significant constitutional concerns regarding public participation and financial governance. The implications of this ruling could have profound effects on the operational structure of the Kenya Revenue Authority and its fiscal responsibilities moving forward. Stakeholders, including various governmental bodies, will play a crucial role in the ongoing discussions surrounding this case.
Original Source: allafrica.com
