Court bars Justice Erastus Githinji ,71, from taking over as chair of Tax Appeals Tribunal

The labour court has barred retired Justice Erastus Githinji from assuming the office of chairperson of the Tax Appeals Tribunal pending the hearing and determination of a case filed by Chama Cha Mawakili.

Justice Hellen Wasilwa on Wednesday stopped the swearing-in until the case filed in court by the lobby group is heard and determined.

Last week, the Law Society of Kenya (LSK) contested the appointment of retired Justice Erastus Mwaniki Githinji as the chairperson of the tax appeals Tribunal.

In a letter to the Finance Minister the lawyers body claimed that the retired judge does not qualify for the appointment on account of his age, terming the appointment unlawful and unconstitutional.

LSK wanted the judge’s appointment revoked and a competitive recruitment process for the position of the chairperson of TAT started.

In a gazette notice dated April 15, Treasury CS Ukur Yatani appointed the retired Justice Githinji to head the tribunal for a period of five years.

Githinji was born on December 30, 1949 and was appointed a judge in May 1987 and a judge of the Court of Appeal in June 2003.