The New KRA Appointment Is Already Facing Resistance in Court

A legal dispute has surfaced over the appointment of former Cabinet Secretary Adan Mohamed as commissioner general of the Kenya Revenue Authority, placing the agency’s leadership transition under court scrutiny days after the Treasury confirmed him for the role.

The petition, filed at the Milimani High Court in Nairobi, seeks to stop implementation of the appointment and questions whether the recruitment complied with public service rules governing eligibility and state appointments. The challenge comes as the government pushes for stronger revenue collection while attempting to avoid politically damaging tax measures ahead of the 2027 General Election.

Treasury Cabinet Secretary John Mbadi formally appointed Adan through a gazette notice issued on May 18, handing him a 3-year term at the tax authority. He is expected to take over from Humphrey Wattanga, who was later nominated to serve as Kenya’s High Commissioner to Australia.

Court filings argue that Adan may fall outside the retirement-age threshold applicable to public officers under Public Service Commission regulations. The petition also raises constitutional questions tied to integrity, public service standards and the legality of the recruitment process.

The court directed parties in the case to exchange filings ahead of a hearing scheduled for May 27. Respondents are expected to submit responses before the matter proceeds for further determination.

The appointment followed an internal recruitment process that attracted 36 applicants, according to KRA board chairman Ndiritu Muriithi. The board later reduced the field to 12 candidates before selecting seven finalists for interviews conducted on Monday.

Several of those shortlisted were senior KRA officials already serving inside the authority. They included Lilian Nyawanda, Commissioner for Customs and Border Control and a former acting commissioner general; Rispah Simiyu, Commissioner for Domestic Taxes; Fred Mugambi, Commissioner in charge of the Kenya School of Revenue Administration; Nancy Ng’etich, Commissioner for Shared Services; and Caxton Masudi Ngeywo, who was also among those considered for the position.

Lydia Ndirangu, Group Company Secretary and Head of Tax at Equity Bank Group, was among the external candidates linked to the process.

Despite the large pool of experienced tax administrators, the board selected Adan, whose background has been shaped more by state administration, trade policy and corporate leadership than direct tax management.

Before joining the Executive Office of the President as chief of strategy execution, Adan served in Cabinet roles handling industrialisation as well as East African Community and regional affairs under former President Uhuru Kenyatta. He later moved into President William Ruto’s administration during a period of wider political realignment between the two former allies.

His appointment places him at the centre of one of the government’s most sensitive assignments as Treasury officials search for higher compliance without reopening public anger over fuel levies and payroll taxes. Kenya has increasingly relied on digital enforcement systems, expansion of the tax base and tighter scrutiny of sectors operating outside traditional collection structures.

The leadership transition at KRA unfolded against a difficult economic backdrop. Public transport operators withdrew vehicles from roads on Monday in protest over rising fuel costs, disrupting transport activity in several areas while interviews for the commissioner general role were taking place.

Adan had previously contested the Garissa governor seat on a Jubilee Party ticket before later joining the current administration after years of serving in Uhuru Kenyatta’s government. His appointment now faces its first institutional test before the transition at Times Tower is fully completed.

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