The High Court in Nairobi has certified case challenging appointment of Aden Mohamed as Kenya Revenue Authority Commissioner General as urgent and granted stay orders until the matter is heard.
The case was filed by petitioner identified as Bernard Opere citing that Mohamed’s appointment by National Treasury Cabinet Secretary John Mbadi was against the law, particularly his age.
The respondents in the case are CS John Mbadi, Attorney General, KRA, and Head of Public Service Felix Kosgey, among others.
“I am aware that on 18th May, 2026, the 1 and 3rd Respondent published Gazette Notice No. 7393 in the Kenya Gazette, Vol. CXXVIII, No. 84 (Special Issue), purporting to appoint the 6th Respondent as a Commissioner of the 3rd Respondent for a period of three (3) years with effect from 18th May, 2026,” the petitioner stated
Adding, ” I am aware from publicly available records that the 6th Respondent was born in December 1963 and is approximately sixty-two (62) years of age, having already exceeded the mandatory retirement age of sixty (60) years for public officers in Kenya by approximately two (2) years,”
Opere added that it is in the public domain that the mandatory retirement age for public officers in Kenya is sixty (60) years, as prescribed Regulation 70 of the Public Service Commission Regulations, 2020.
“The impugned appointment of the 6th Respondent is illegal, null and void ab initio and in blatant violation of Regulation 70 of the Public Service Commission Regulations, 2020,” the petitioner added.
In his directive, High Court Judge Justice Gregory Mutai stated that the Petition and the Notice of Motion application shall be served on the Respondents, in both soft and hard copies, on or before 5 pm on 20th May 2026.
Justice Mutai added that the Petitioner shall thereafter file an affidavit of service to confirm that service was effected as directed.
“The Notice of Motion application dated 19th May 2026 shall be heard on the 27th day of May 2026,” Justice Mutai directed
