The High Court has ruled that President William Ruto's appointment of Anthony Mwaura as chairperson of the Kenya Revenue Authority (KRA) in November 2022 was unlawful.

Justice Francis Gikonyo delivered the judgment on Monday, stating that the appointment "suffered procedural infirmity and illegality."

The crux of the issue stemmed from Mwaura facing corruption and economic crimes charges at the time of his appointment.

Dr. Magare Gikenyi, a surgeon from Nakuru, challenged the appointment on these grounds, arguing it was irregular and violated integrity requirements.

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Mwaura defended his appointment, claiming it followed proper procedures and that facing charges doesn't automatically disqualify someone.

He also highlighted his success in boosting tax collection.

However, Justice Gikonyo disagreed. He pointed out that "relevant material and vital aspects" regarding Mwaura's legal situation weren't considered during the appointment process.

“The appointment herein suffers procedural infirmity and illegality as relevant material and vital aspects having annexures to the constitutional and legislative purpose of integrity were not taken into account in the actual process,” Justice Gikonyo stated.

He further stated that Mwaura's subsequent acquittal doesn't erase the initial illegality.

The judge also criticized Mwaura's argument that President Ruto might not have been aware of the charges.

Justice Gikonyo called it "quite unfortunate and arrogant," emphasizing the importance of leadership integrity as enshrined in the Constitution.

The case has drawn scrutiny due to Mwaura's past association with President Ruto.

He previously served as the chairman of the United Democratic Alliance (UDA) party's elections board, leading some to view his appointment as a reward for loyalty.

Mwaura claimed the corruption charges were politically motivated, but the judge dismissed this defence as irrelevant. 

Justice Gikonyo emphasized that courts won't be party to "sanitizing" illegal appointments.

This ruling sets a precedent for future appointments, requiring stricter adherence to legal procedures and integrity standards.