Omtatah in court to compel KRA to give Njiraini terminal leave
Activist Okiya Omtatah. He has filed a case seeking compel Kenya Revenue Authority board to send Commissioner-General John Njiraini on terminal leave pending his retirement in December. FILE PHOTO | NATION MEDIA GROUP
What you need to know:
- The board and Mr Rotich have neglected their duties, and are poised to breach the law.
- Mr Omtatah argued that Mr Njiraini’s tenure cannot be extended by law.
Activist Okiya Omtatah on Friday filed an urgent case seeking compel Kenya Revenue Authority board to send Commissioner-General John Njiraini on terminal leave pending his retirement in December.
In a case certified urgent by Justice Maureen Onyango, Mr Omtatah argued that Mr Njiraini reaches the mandatory retirement age of 60 years on December 19 and should therefore be serving a six-month terminal leave.
He wants the court to compel the KRA board of directors and Treasury Cabinet Secretary Henry Rotich to immediately appoint an acting Commissioner-General as well as send Mr Njiraini on terminal leave.
ACTING
Mr Omtatah says that by refusing to appoint an acting commissioner and sending Mr Njiraini on mandatory six months terminal leave pending his retirement, the board and Mr Rotich have neglected their duties, and are poised to breach the law on the 60-years mandatory retirement age for public officials.
“Whereas there is no constitutional or statutory retirement age for public servants in Kenya, there is a clear government policy (i.e. statutory instruments) on the mandatory retirement age in the public service,” he stated in the prayer.
The activist says the Human Resource Policies and Procedures Manual for the Public Service, dated May 2016, provides that the mandatory retirement age all officers shall be 60 years and 65 years for persons with disabilities.
CONTRACTS
He has quoted another government circular No. OP/CAB.9/1A, dated November 23, 2010, which stated that the exiting CEOs of public bodies are required to go on a six-month terminal leave pending the expiry of their contracts, and acting CEOs are to be appointed in the transition period. Mr Njiraini will celebrate his 60th birthday on December 20.
“Under the law the position of the Commissioner-General of the KRA must immediately be declared vacant and the process of recruiting the new secretary and CEO needs to be fast-tracked,” he stated in a sworn statement.
Mr Omtatah argued that Mr Njiraini’s tenure cannot be extended by law and it would be irregular to retain him at his position beyond his retirement age.
Lady Justice Onyango directed Mr Omtatah to serve the respondents with the court papers ahead of the hearing on November 30.
