Kenya Revenue Authority (KRA) boss will know his fate before 2018.
Employment and Labour Relations will rule over his tenure will be ruled on the 29th of this month.
The court was told that John Njiraini has not sought for an extension of his contract as the commissioner General of the Authority.
KRA argued that allegations touching on mandatory retirement and that Njiraini should be sent on compulsory leave for six months as pleaded by Omtata are baseless and made prematurely.
KRA said that Njiraini’s appointment with KRA is governed by an act and a valid contract has a provision on termination.
The court was told that an interim order as prayed by Omtatah would amount to a summary determination of Njiraini.
Through its lawyer the court was told that Njiraini’s tenure is due to expire in March 2018 and the remaining period is adequate to enable it take necessary steps to recruit another commissioner general of KRA
Activist Okiya Omtatah moved to court seeking to have KRA Board stopped from extending KRA commissioner general John Njiraini tenure.
The city activist also wants the court to immediately retire Njiraini and simultaneously commence the process for recruiting and appointing a new Commissioner General for the Kenya Revenue Authority in strict compliance with the law.
He claims that the impugned intended extension of the tenure is discriminatory against all those public officials who have exited the public service upon turning 60 years of age.
Omtatah argues that from the time Njiraini turned 58 years of age, the board together with National Treasury Henry Rotich were under obligation of the law to commence the process of identifying his possible successors to enable Njiraini’s smooth exit from the service when he attains the mandatory retirement age of sixty (60) years.
Omtatah claims that Njiraini having been born on 20th December 1957, he ought to have vacated office and proceeded on the mandatory six months terminal leave pending retirement.
He further argues that he believes that Njiraini will on 19th December 2017, attain the mandatory retirement age in the public service of 60 years.
Omtatah has also faulted KRA board of directors and the Cabinet Secretary, National Treasury Henry Rotich for retaining John Karimi Njiraini in the public Service of the Kenya Revenue Authority contrary to government policy to send exiting CEOs on six months terminal leave pending their Retirement from the public service upon their attaining the age of 60 years.
“The petitioner is inviting the honorable Court to intervene and determine the constitutional and legal validity of the impugned extension of service for the Interested Party,” reads the petition.
He says that keeping the KRA boss in employment beyond the
Mandatory retirement age of 60 years for public servants will be illegal and Unconstitutional and, therefore, invalid, null and void.
He now wants the court to prohibit the board whether by themselves, or any their employees or agents or any person claiming to act under their authority from keeping Njiraini in public employment beyond the 19th day of December 2017.