BY SAM ALFAN.
High Court in Busia has nullified Kenya Revenue Authority recruitment of 1,406 revenue service assistants.
Justice William Musyoka declared the recruitment carried out by the taxman last year unconstitutional.
In the 17 page decision, the judge said the process was heavily skewed in favour of the Kikuyu and Kalenjin communities to the disadvantage of others.
“A declaration that the June 2023 recruitment of the 1,406 revenue service assistants was unconstitutional, as it offends the preamble to the Constitution and the provisions of Articles 10,27, 56 and 32 (g)(h)(i) of the Constitution,” judge said in the decision.
The judge further barred KRA from recruiting and appointing staff at all levels until an ethic diversity and regional balance policy is deployed.
Judge Musyoka ordered KRA to put in place an ethic diversity and regional balance policy within 30 days giving effect to the values and principles stated in the preamble and Article 212(g)(h) (i) of the Constitution.
In his decision, the judge further declared that the 9th October 2023 advertisement for 600 graduate trainees, to the extent it limits employments opportunities to the youth of 28 years, is unconstitutional as it offends Articles 10,27, 56,232 and 260 of the Constitution.
I have found that the recruitment did not accord with Article 212(g)(h) (i) of the Constitution and therefore rendered the same unconstitutional, ” declared the judge.
He dismissed plea by the KRA that if the court nullified the recruitment of Revenue Service Assistants, there would have serious ramifications on revenue collection and the employees personally.
The judge told KRA that if he found there was non-compliance of the Constitution during the exercise and consequence would be to nullify since it was done in a matter that violated the constitution.
According to the judge, going by the 2019 population census the Kikuyu constitute 18 percent of the total Kenyan population, while Kalenjin were 14 percent. The two communities would be entitled to 32 percent on an even sharing of the total number of slots available for employment.
In his case, Peter Kabinga Orogo moved to court seeking declaration that the recruitment made in June last year of 1,406 revenue service assistants reflecting 56% from two ethnic communities is unconstitutional.
He also sought the coudt to declare that the advertisement of 600 graduates trainees restricting employment to the youth who are below 28 years unconstitutional.
Orogo further urged the court to stop the taxman from advertising, conducting recruitment and appointment of Commissioners, Deputy Commissioners graduate trainees, border control assistants or any other cadre of employees of KRA until there is adherence to the values, tenets and provisions of the Constitution and statute by developing and deploying and ethic diversity and regional balance policy.
