High Court rules KRA revenue service assistant recruitment was unconstitutional

A High Court in Busia has declared the recruitment of 1,406 revenue service assistants by the Kenya Revenue Authority (KRA) unconstitutional as two ethnic communities benefitted immensely from the recruitment drive.

A petition filed by Peter Kabinga on October 12, 2023, argued that out of the recruits, 785 came from two communities in Kenya while 621 came from the rest of the Kenyan communities.

The Chairman of the Board of Directors KRA, Anthony Mwaura, was listed as the first respondent while the second respondent is the KRA Commissioner General, Humphery Wattanga.

Kabinga affirmed that the Eng. Mwaura hailed from Thika, Kiambu but has roots in Kiharu in Murang’a, and both Thika and Kiharu benefitted greatly from the recruitment as compared to other areas.

He continued to state that the Thika town constituency got 50 slots while the Kiharu constituency got 40 slots compared to areas such as Kitutu Chache, Funyula, Kisumu East, Bomachoge Borabu, and Teso North among others got a slot each.

Eng. Mwaura affirmed that the exercise attracted countless applicants and that physical interviews could not be conducted, hence they opted to conduct aptitude tests, and those with the highest scores were recruited.

He also said that they gave prominence to merit based on the aptitude test and that regional balance and ethnic diversity come afterward.

The High Court noted that the recruitment exercise was unconstitutional as it offends the preamble of the Constitution.

“A declaration of the June 2023 recruitment of the 1406 revenue service assistants was unconstitutional as it offends the preamble of the Constitution and the provisions of Articles 10, 27, 56, and 232 (g) (h) (i) of the Constitution,” reads court papers.

Justice William Musyoka has barred KRA from recruiting staff for all levels until an ethnic diversity and regional balance policy is deployed as stated in the constitution.

“An order barring the respondents from recruiting and appointing staff at all levels, until an ethnic diversity and regional balance policy is deployed, giving effect to the values and principles stated in the preamble and Article 232(g)(h) (i) of the Constitution, which policy should be in place within 30 days of this order,” the order reads in part.