KRA officer in Sh900,000 bribe scandal fails bid to get back job

The court dismissed an application by Tyson Marango Owuor, ruling that interim reinstatement is an exceptional remedy only granted in rare circumstances.

In a ruling on July 31, the court said granting the orders sought would effectively determine the petition before it is heard on its merits.

“The parameters for granting an order of reinstatement as an interim measure are very strict. It should only be issued in rare cases. This does not stand out as one such case,” the court said.

Mr Owuor had asked the court to suspend the implementation of KRA’s decision, communicated to him on July 3, 2026, terminating his employment. He also sought orders restraining the tax agency from suspending, varying or terminating his employment pending the determination of his petition.

Mr Owuor said he joined KRA in April 2016 and served as a supervisor in the Domestic Taxes Department at the West Nairobi compliance section.

He said his employment was terminated on July 6, 2026, on allegations of gross misconduct, shortly after officers from the Ethics and Anti-Corruption Commission (EACC) arrested him on June 22.

According to Mr Owuor, he was later asked to resign or face dismissal and argued that the decision violated his constitutional and employment rights, including his right to fair administrative action and a fair hearing.

He also claimed KRA failed to follow its code of conduct and had not subjected him to a disciplinary hearing.

While admitting the arrest, Mr Owuor maintained that he had not been convicted of any offence and said the termination had deprived him of his livelihood and medical cover, leaving him unable to support himself and his family.

He urged the court to intervene, arguing that he and his family would suffer significant loss and prejudice unless the orders were granted.

In an affidavit by assistant manager for human resource management Roseline Mamo, the tax agency said Mr Owuor was arrested by EACC officers while allegedly receiving Sh900,000 from a taxpayer in exchange for having her tax liability reduced or vacated.

KRA said it subsequently conducted its own investigations and allowed Mr Owuor to respond to the allegations.

According to Ms Mamo, Mr Owuor recorded his statement on June 30 and admitted meeting the taxpayer at a bank, allegedly to collect a cheque.

She said the explanation was not plausible because KRA officers do not accept cash or cheque payments from taxpayers. She further pointed out that the iTax system doesn’t support such payments.

KRA said, based on its investigations and Mr Owuor’s response, it terminated his employment under Section 44(4)(g) of the Employment Act.

The agency also argued that reinstatement was no longer possible as an interim measure because the termination had already taken effect.

It said staying the dismissal would effectively amount to reinstating Mr Owuor before the court had heard the parties on the merits.

KRA further argued that mutual trust between the parties had broken down. The agency further said that although the agency has more than 1,300 positions to which Mr Owuor could potentially be deployed if he succeeds in his petition, reinstatement before the case is heard would not be feasible.