Times Towers, the Kenya Revenue Authority (KRA) headquarters. PHOTO/KRA

Since the Kenya Kwanza Alliance tookover the reins of power, they have effected far-reaching changes affecting senior government officials and state corporations mandarins in their quest to have a team that can implement its manifesto.

The latest casualties of these changes are senior Kenya Revenue Authority (KRA) bosses led by their Commissioner-General James Githii-Mburu, who were shown the door in the latest shake-up.

KRA Board chairman Antony Mwaura in a press release said Mr Mburu had “resigned” to pursue personal interests. Others who were affected alongside Mr Mburu included Ms Lilian Nyawanda (Commissioner, Customs and Border Control), Mr Terra Saidimu (Commissioner, Intelligence & Strategic Operations), Mr David Kinuu (Commissioner, Corporate Support Services) and Mr Edward Kinyua Karanja (Investigation and Enforcement).

The changes have now cascaded to chief managers as Mr Mwaura, who is President William Ruto’s ally, moves to put in place a team that will drive the Kenya Kwanza government’s agenda.

And as the changes were being undertaken, several Deputy Commissioners were locked out of KRA’s operating system on Thursday night, effectively making them unable to perform their duties.

Reports indicated that another six senior managers in procurement, intelligence and strategic operations, corporate support service, customs and border control, and domestic taxes departments were said to have also had their system access de-activated, without any formal communication as to their fates. At least 40 senior managers are said to have been affected.

Mr Mwaura, without detailing the extent of the shake-up, said the board is committed to effecting far-reaching changes at the state agency as the revenue body target to collect Sh3 trillion by the end of the next financial year.

However, whether Mr Mburu and the other commissioners resigned or were forced out is a non-issue, the question begging answers is, are the changes being effected by President William Ruto’s, administration violating the Constitution and other legislations?

Article 236 (a) and (b) of the Constitution of Kenya deals with the protection of public officers. It states thus; “a public officer shall not be – victimised or discriminated against for having performed the functions of office in accordance with this Constitution or any other law; or, dismissed, removed from office, demoted in rank or otherwise subjected to disciplinary action without due process of law”.

Former KRA Commissioner-General James Githii-Mburu. PHOTO/UGC

If the country’s supreme law says a public officer cannot be dismissed, removed from office, demoted in rank or otherwise subjected to disciplinary action without due process of law, has the changes effected by the Kenya Kwanza Administration affecting public officers violated the Constitution?

According to Legal Notice No.3 of January 28, 2020, on the revised Public Service Commission Regulations, 2020 says, “the Commission shall exercise disciplinary control in the public service in accordance with Article 47 of the Constitution, the Fair Administrative Action Act, 2015, Part XII of the Act and any other written law adding the Commission may delegate in writing the power of dismissal or reduction in rank or seniority of officers to authorised officers subject to section 65 (2) (b) and the law relating to pensions or retirement benefits”.

It also cautions that pursuant to Article 236 of the Constitution, public officers shall not be disciplined for performing the functions of office in accordance with the Constitution or any other law adding where a disciplinary process has not been concluded administratively or before the Commission or in court, a public body shall not recruit an officer to substantively fill the position.

It has to be noted that all the public officers who have either “resigned” or been sacked by President William Ruto’s administration have not been subjected to the above PSC parameters.

It is therefore clear that no one on his or her own personal whims possibly motivated by personal vendetta or settlement of old scores can just wake up one day and remove a public officer from office for reasons best known to themselves but not the officer.

Moreover, KRA has staff regulations that deal with disciplinary procedure that could lead to dismissal of staff. For staff under contract, the contract must also contain conditions that may lead to termination of such contract.

In fact, the idea of putting middle level public officers on contract is something that is being seriously abused by the Boards and management and should be stopped. The Public Service Commission should make a stand on this and remove the contracts provision so that all public servants are treated equally in the Republic.

Public officers who were employed from school on permanent and pensionable terms and promoted overtime to attain certain levels of seniority should not have their terms as career public servants being reversed midstream and get exposed to abuse, because of personal hate or settlement of scores. The public need to know the content of the contracts being given to such officers.

The Employment Act on the other hand says in any claim arising out of termination of a contract, the employer shall be required to prove the reason or reasons for the termination, and where the employer fails to do so, the termination shall be deemed to have been unfair within the meaning of section 45.

KRA Board chairman Antony Mwaura. PHOTO/COURTESY

Section 45, of the Employment Act says no employer shall terminate the employment of an employee unfairly adding a termination of employment by an employer is unfair if the employer fails to prove— that the reason for the termination is valid; that the reason for the termination is a fair reason— related to the employee’s conduct, capacity or compatibility; or based on the operational requirements of the employer; and that the employment was terminated in accordance with fair procedure.

It should not escape Kenyans attention that Mr Mwaura before he was appointed KRA chairman had been on the radar of KRA at a time when the Assets Recovery Authority (ARA) was seeking to freeze accounts of two of his companies over alleged irregular payments.

The sackings in the Kenya Kwanza Alliance regime are also an affront to article 47 (1) of the Constitution of Kenya that says that every person has the right to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair and section 4 that says the State shall not discriminate directly or indirectly against any person on any ground.

It has to be observed that there are cases where some of the affected public officers have not even received any letters of dismissal leave alone caution; a clear indication of blatant and extreme level of impunity!

Members of the KRA Board and other state corporations engaged in the blatant violation of the law with arrogance and impunity should themselves be subjected to the tenets of the law.

In our opinion, the Constitution should give citizens powers to directly petition the Employment and Labor Relations Court for removal of public or state officers who recklessly violate the law and the constitution, especially when it comes to wanton abrogation of individual rights.

We therefore hope that institutions that are bestowed with the responsibilities of safeguarding the constitutional rights of Kenyans that includes; The Judiciary, the Law Society of Kenya, the Kenya Human Rights Commission, labour unions and the Ombudsman are going to play their rightful watchdog roles of promoting a just and equitable society.

It would be regrettable for the fate of public servants to be left at the whims of executive fiat!