Kenya Revenue Authority’s New Structure Halted by Court Order

A Nairobi court has halted the Kenya Revenue Authority’s new organizational structure amid a petition alleging violations of constitutional principles. The ruling prevents implementation until further hearings, with criticisms directed at potential conflicts of interest and increased costs associated with the new tiers. The case involves several interested parties and will proceed to hearings in March 2025 before a final ruling in April 2025.

A Nairobi court has temporarily 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. The verdict was delivered by Justice Bahati Mwamuye from the Milimani High Court’s Constitution and Human Rights division, which issued a conservatory order to prevent the execution of the new structure until further hearings occur.

In the ruling, Justice Mwamuye stated, “Pending the inter partes hearing and determination of the Petitioner/Applicant’s Notice of Motion Application… a conservatory order be and is hereby issued… for the 1st Respondent’s revised organizational structure.” The court will consider the petition regarding the constitutional validity of KRA’s reorganization plans.

The petitioner argues that the changes violate constitutional principles of public participation and the lawful use of public funds, specifically citing Articles 10, 232, and 236 of the Constitution of Kenya. Additionally, the petition claims that the revised structure will increase KRA’s hierarchy from ten to fourteen tiers, thus exacerbating its wage expenditure.

Further criticisms include the merging of the Department of Supply Chain Management with the Office of the Commissioner General, which the petitioner contends could lead to conflicts of interest and micromanagement of procurement processes, violating laws of public procurement and finance.

The court has also involved additional parties in the case, including the National Treasury, the Public Service Commission, and the Salaries and Remuneration Commission. The hearing for the application is set for March 31, 2025, while a ruling on the application will be delivered virtually on April 28, 2025.

The Nairobi court’s suspension of the KRA’s organizational changes reflects concerns over adherence to constitutional principles and potential financial implications. The repercussions of such structural revisions warrant thorough examination to safeguard public interest and compliance with established laws. The upcoming hearings will be critical in determining the legitimacy of KRA’s proposed framework.

Original Source: allafrica.com