A legal challenge has been filed at the High Court seeking to stop the appointment of Adan Abdulla Mohammed as Commissioner General of the Kenya Revenue Authority over claims that he is above the mandatory retirement age for public officers.
In court documents filed before the High Court, petitioner Benard Opere argues that Mohamed’s appointment contravenes public service regulations and constitutional provisions governing leadership and public appointments.
According to the petition, Regulation 70 of the Public Service Commission Regulations, 2020 sets the mandatory retirement age for public officers at 60 years, and the petitioner claims Mohamed has already exceeded that limit.
Opere states in the filings that publicly available records indicate Mohamed was born in December 1963, making him approximately 62 years old and therefore allegedly ineligible to hold the position.
“The appointment is illegal. It violates Articles 10, 73 and 232 of the Constitution, which outline national values and principles of governance, integrity, accountability and professionalism in public service,” the statement said.
Court documents filed in the matter further contend that the appointment goes against provisions of the Public Service Commission Act and undermines statutory requirements relating to retirement and eligibility for public office.
The case seeks conservatory orders to prevent Mohamed from assuming office or carrying out the duties of Commissioner General pending the hearing and determination of the petition.
According to the petitioner, failure by the court to intervene immediately could allow Mohamed to make major administrative and financial decisions at the tax authority, potentially complicating or rendering future court orders ineffective if the petition succeeds.
Opere further maintains that the judiciary has a constitutional obligation to ensure that public appointments comply with the law and established public service regulations.
The petition now places fresh scrutiny on the leadership transition at KRA, one of the country’s most critical state agencies responsible for revenue collection and tax administration.
Mohamed’s appointment was announced on Monday through a Gazette notice issued by Treasury Cabinet Secretary John Mbadi.
The former banker and ex-Cabinet Secretary was appointed to serve as Commissioner General for a three-year term, taking over from Humphrey Wattanga.
Mohamed brings extensive experience from both the private and public sectors, having previously served in senior positions at Barclays Bank Kenya and within government.
However, the latest court action is expected to trigger legal debate over the interpretation and application of retirement rules in senior state appointments, particularly for positions established under independent statutory bodies.
