The Consumers Federation of Kenya (COFEK) has moved to court to challenge the appointment of Adan Abdulla Mohamed as Commissioner-General of the Kenya Revenue Authority (KRA), arguing that the appointment violates public service retirement regulations and constitutional principles governing state appointments.
The urgent constitutional petition was filed under the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013, barely 48 hours after the appointment was formally gazetted.
On May 18, 2026, Treasury Cabinet Secretary John Mbadi issued Gazette Notice No. 7393 appointing Mohamed, a former Cabinet Secretary for Industrialisation, as KRA Commissioner-General for a three-year term with immediate effect under Section 11(1) of the Kenya Revenue Authority Act.
COFEK argues that Mohamed, who is alleged to be 62 years old, has exceeded the mandatory retirement age of 60 applicable to public officers. The lobby maintains that the appointment offends constitutional values relating to legality, integrity, transparency and adherence to statutory requirements in public service appointments.
“The integrity of public institutions depends not only on who is appointed, but whether the appointment itself can withstand constitutional and legal scrutiny,” the petitioner states in court documents.
The matter came before the Employment and Labour Relations Court in Nairobi, where Justice Dr. Jacob Gakeri certified the case as urgent in ELRCPET/E164/2026. In directions issued on May 19, 2026, the judge ordered that the application be served immediately upon all respondents and scheduled the matter for mention on May 21, 2026, for further directions.
Those named in the petition include the Cabinet Secretary for the National Treasury, the KRA Board, the Public Service Commission and the Attorney General, while Mohamed has been listed as an interested party. The petition was filed together with a Certificate of Urgency by advocates Tali Israel Tali and Mulongo Haron Makhanu of Tali Tali Advocates, who argue that the dispute raises fundamental constitutional questions regarding the limits of public appointment powers.
Mohamed brings extensive experience to the position, having previously served in Cabinet and held senior roles in the banking sector. His appointment comes at a time when KRA is under pressure to increase revenue collection amid Kenya’s strained fiscal environment. However, the legal challenge has reignited debate over the application of retirement age rules in senior public appointments and whether appointing authorities can lawfully make exceptions for strategic state offices.
The court is expected to examine whether the appointment complied with constitutional standards on fairness, merit, legality and respect for established public service norms. As the proceedings continue, KRA operations are expected to proceed under interim arrangements pending the outcome of the case, whose full hearing is anticipated on May 27, 2026.
