A legal dispute has emerged over the recent appointment of Adan Abdulla Mohamed to lead the Kenya Revenue Authority, with a court case now questioning whether the selection meets the required retirement age rules for public service positions.
The matter has been brought before the High Court by Benard Opere, who is challenging the appointment on grounds that Mohamed does not meet the age requirements set for holders of public office under Regulation 70 of the Public Service Commission Regulations, 2020.
Opere argues that available public information places Mohamed’s year of birth as December 1963, which would make him about 62 years old and therefore beyond the mandatory retirement age of 60 for public officers.
In the petition, he states that the appointment is “illegal, null and void ab initio” and accuses it of breaching Articles 10, 73 and 232 of the Constitution, which guide integrity, accountability, professionalism, and adherence to values in public service.
He also relies on provisions of the Public Service Commission Act, saying the process ignored clear retirement limits and weakened legal compliance in public appointments.
The petitioner is seeking urgent conservatory orders to stop Mohamed from assuming office or carrying out any duties linked to the position of Commissioner General until the case is fully heard and decided. He warns that allowing the appointment to proceed would enable major administrative and financial decisions that could later be difficult to reverse.
He further insists that courts have a constitutional responsibility to ensure public appointments follow the law and meet all set requirements without exception.
The appointment of Adan Abdulla Mohamed was announced through a gazette notice dated May 18 by National Treasury Cabinet Secretary John Mbadi, marking a leadership change at the tax authority.
Following the filing of the case on May 19, the High Court issued directions through Justice Gregory Mutai, outlining strict timelines for all parties involved in the dispute.
The petitioner has been directed to serve court documents to all respondents by May 20, 2026. In turn, the respondents are required to file their responses by 5pm on May 22, 2026.
The court has also ordered that written submissions, case authorities, and supporting documents be filed by May 26, 2026, ahead of a hearing scheduled for May 27, 2026.
The orders effectively pause the implementation of the appointment as the court prepares to determine the case.
Court filings further rest on claims that Mohamed’s age exceeds the legal threshold, with records cited showing a December 1963 birth date, placing him at about 62 years old. Opere argues this makes him ineligible under the retirement rules that apply to public officers.
“I am aware from publicly available records that the 6th Respondent was born in December 1963 and is approximately sixty-two (62) years of age, having already exceeded the mandatory retirement age of sixty (60) years for public officers in Kenya by approximately two (2) years,” stated the petitioner.
The petition maintains that no exemption or legal waiver has been shown to justify the appointment despite the age requirement being in place. It further raises concerns about compliance with constitutional values under Articles 73 and 232.
Adan Abdulla Mohamed takes over from Humphrey Wattanga, who has been reassigned to serve as Kenya’s High Commissioner to Australia following his tenure at KRA.
Before the court challenge, the tax authority had described Mohamed as a seasoned professional with experience in both local and international financial institutions, as well as prior service in government at cabinet level during the Uhuru Kenyatta administration.