NAIROBI, Kenya — A petitioner has moved to the High Court seeking to stop the appointment of Adan Mohamed as Commissioner General of the Kenya Revenue Authority, arguing that the appointment violates constitutional provisions and public service retirement regulations.
In court documents filed before the High Court, petitioner Benard Opere claims Mohamed is above the mandatory retirement age of 60 years for public officers as stipulated under Regulation 70 of the Public Service Commission Regulations, 2020.
Opere argues that publicly available records indicate Mohamed was born in December 1963, making him about 62 years old and therefore allegedly ineligible for appointment to the position.
The petitioner contends that the appointment is “illegal, null and void ab initio” and contravenes Articles 10, 73, and 232 of the Constitution, which set out principles of governance, integrity, accountability, transparency, and professionalism in public service.
According to the court filings, the appointment further violates provisions of the Public Service Commission Act and undermines the rule of law by allegedly disregarding statutory retirement requirements applicable to public officers.
Opere is seeking conservatory orders to bar Mohamed from assuming office or carrying out the functions of the Commissioner General pending the hearing and determination of the petition.
The petitioner argues that unless the court intervenes urgently, Mohamed could proceed to make significant administrative, financial, and policy decisions at the tax authority, potentially rendering future court orders ineffective.
“He may proceed to undertake far-reaching administrative and financial actions whose consequences may be difficult to reverse,” the petition states.
Opere further argues that the court has a constitutional obligation to enforce compliance with public service laws and ensure appointments to public office adhere to prescribed legal requirements.
“In exercise of the powers conferred by section 11 (1) of the Kenya Revenue Authority Act, the Cabinet Secretary for the National Treasury appoints Adan Abdulla Mohamed to be the Commissioner General of Kenya Revenue Authority for a period of three years,” the notice stated.
Mohamed takes over from Humphrey Wattanga, who has served as KRA Commissioner General since 2023.
Before joining the government, Mohamed built a career in banking and international finance, including leadership roles at PwC and Absa Bank Kenya, formerly Barclays Bank Kenya.
He also served as Cabinet Secretary for Industrialisation under former President Uhuru Kenyatta before later heading the East African Community docket.
