The Nairobi Court has temporarily suspended KRA’s new organizational changes due to a petition alleging violations of constitutional principles regarding public participation and lawful fund usage. The court’s ruling halts structural revisions that would increase organizational tiers and may affect public service management practices. Key interested parties have been brought into the case, with a hearing scheduled for March 31, 2025.
A Nairobi Court has halted the implementation of a new organizational structure at the Kenya Revenue Authority (KRA) following a petition by the Trusted Society of Human Rights Alliance. The ruling, delivered by Justice Bahati Mwamuye at the Milimani High Court’s Constitution and Human Rights division, temporarily stays the execution of KRA’s revised structural changes as outlined in the Commissioner General’s communiqué dated February 21, 2025.
The petition raises concerns regarding KRA’s adherence to constitutional principles, particularly public participation and the lawful utilization of public funds. It indicates that the proposed changes would increase KRA’s organizational tiers from ten to fourteen, which may result in an excessive wage bill burden on the public.
Furthermore, the petitioner contends that the restructuring improperly relocates the Department of Supply Chain Management, Procurement, and Internal Audit under the Office of the Commissioner General, which could lead to conflicts of interest and mismanagement of procurement processes. This is alleged to violate established regulations in the Public Procurement and Disposal Act and the Public Finance Management Act.
The Court has appointed the National Treasury, the Public Service Commission, and the Salaries and Remuneration Commission as interested parties in the case. The hearing for the Notice of Motion Application is set for March 31, 2025, with a determination on the ruling scheduled for April 28, 2025, to occur virtually.
In summary, the Nairobi Court’s suspension of KRA’s reorganization emphasizes concerns regarding the constitutional adherence of the proposed changes. The implications of increasing KRA’s grading and the potential conflicts of interest raised by the new structural alignment warrant thorough examination. The subsequent hearings will be crucial in determining the legal standing of these organizational modifications within the framework of public service regulations.
Original Source: allafrica.com
