Justice Githinji barred from tax tribunal role as lobby sues over age

Retired judge Erastus Githinji will not be assuming office anytime soon as the chairperson for the Tax Appeals Tribunal following an order issued by the Employment and Labour Relations court.

Justice Hellen Wasilwa barred the retired appellate court judge in a case filed by Chama Cha Mawakili (CCK) protesting his appointment.

“Pending the hearing and determination of this case a conservatory order is hereby issued stopping Justice Githinji from taking oath of office, assuming, continuing or in performing functions of the Chairperson of the Tax Appeals Tribunal,” said Justice Wasilwa.

In the case, several lawyers have raised their dissatisfaction of the appointment by National Treasury Cabinet Secretary Ukur Yatani.

According to CCK, his appointment was not transparent, fair or based on merit. Additionally, they claim it goes contrary to the Public Officers Ethics Act and the Public Service Act.

Through lawyer Javier Munzala, they say that the Constitution requires that public office appointments to be subjected to mandatory public participation, which includes advertising the vacancy, publishing lists of all applicants as well as shortlisted candidates, holding interviews and announcing the successful ones.

The post also requires a person with the qualification of a High Court judge and considering Justice Githinji was serving the appellate court until his retirement, he is unsuitable, argues the lobby.

They also say that appointment of members to the tribunal by the Executive on whose behalf the Kenya Revenue Authority makes tax decisions threatens and violates right to fair hearing in as much the law gives the CS powers to do so.

“The culture of recycling retirees to public office by the Treasury violates the CS’s obligation to oversee representation of Kenya’s diversified communities and affording adequate as well as equitable opportunities for appointment, training and advancement, at all levels of public service, men and women plus persons with disability,” said Mr Munzala.