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DR. MAGARE-GIKENYI B
V.
ANTHONY MWAURA & 5 ORS

(2024) JELR 112253 (HC)

High Court 15 Jul 2024 Kenya
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- The petitioner challenged the appointment of Anthony Ng’ang’a Mwaura as Chairman of the Kenya Revenue Authority (KRA), arguing the appointment was illegal and irregular as Mwaura faced pending charges for corruption and economic crimes at

Case Details

Judges:F.M. Gikonyo J
Counsel:Makhoha for 1st Respondent – Present Ms. Wambugu for Ms. Maina for 1st interested Party – Present Dr. Magare (Petitioner) – Present N/A for AG and KRA
Location:Nairobi

JUDGMENT

Background of the case

[1].The 1st Respondent holds the position of Chairman of the Kenya Revenue Authority, the 2nd Interested Party herein.

[2]. The 1st Respondent was appointed as the 2nd Interested Party’s Chairman on 18th November 2022 by His Excellency the President of the Republic of Kenya on the advice of the 2nd and 3rd Respondents.

[3]. At the time of the appointment, the 1st Respondent was facing a myriad of corruption and economic crimes charges before the Anti-Corruption Court in Milimani Magistrate Court relating to theft of colossal sums of money from the Nairobi County Government in Nairobi Milimani Chief Magistrates Anti-Corruption Case No. 32 of 2019 (Republic Vs. Kioko Mike Sonko Mbuvi Gideon, Anthony Ng’ang’a Mwaura and 16 others) (Criminal Suit).

[4]. The 3rd Interested Party is the Deputy Director in Charge of Legal Services and Company Secretary at the Asset Recovery Agency who personally initiated asset freezing proceedings against the 1st Respondent as soo…

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