Kenya Revenue Authority (KRA) Commissioner-General John Njiraini's six-year term concluded on March 4, ending a tenure marked by legal challenges and political maneuvering. His departure follows a prolonged dispute over retirement age regulations and executive interventions.
Njiraini's original term was set to end in 2017 when he reached the mandatory retirement age of 60. The KRA board initially planned to replace him, but President Uhuru Kenyatta intervened through a Special Kenya Gazette notice, appointing a new board led by former Public Service Head Francis Muthaura. This board granted Njiraini a one-month extension, sparking legal action from activist Okiya Omtatah.
Omtatah filed a court petition seeking to force Njiraini's removal and appointment of an acting commissioner. KRA defended the extension by citing a Mwongozo circular from Head of Public Service Joseph Kinyua, which waived age and term limits for senior civil servants. The Industrial and Labour Relations Court ruled in 2019 that Njiraini's fixed-term contract, permitted under Section 80(2) of the Public Service Commission Act, exempted him from the 60-year retirement rule.
The judge emphasized that fixed-term contract employees are not subject to standard retirement age restrictions, as their appointments are governed by specific contractual agreements. The ruling also noted that Cabinet Secretary for Finance retains authority over KRA's strategic direction, including key personnel decisions.
Despite the legal resolution, KRA has yet to announce Njiraini's successor. His office remains locked, raising questions about the transition process. The case highlighted tensions between statutory retirement rules, executive discretion, and judicial interpretations of public service regulations.
