Justice (Rtd) Erastus Mwaniki Githinji apponted as chair of tax appeals tribunal
Justice (Rtd) Erastus Mwaniki Githinji. FILE

State appoints Justice (Rtd) Erastus Mwaniki Githinji as the Chairman of Tax Appeals Tribunal. However, his controversial appointment comes after the cry from unemployed Kenyans citing the state appointing retirees.

President of the Law Society of Kenya Nelson Havi says it is moronic to appoint a retired judge and it flouts the constitution.

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" A retired High Court Judge is not qualified to be appointed as a High Court Judge, this appointment must be challenged, it's like they never want the youth to get in the system at all, he should retire in peace and give others the chance, we are tired of this ping pong games, " A senior counsel said.

" This is Justice (Rtd) Erastus Mwaniki Githinji. He was admitted to the bar in 1976, a year before I was born. He is 71 years old. He is a retired Court of Appeal Judge and in the COVID-19 vulnerable category. The Government has appointed him Chairman of Tax Appeals Tribunal. It is moronic, " President of the Law Society of Kenya posted.

The LSK President Nelson Havi says they will go to court to challenge the appointment saying it against all laws of the country.

According to the law, establishing a tax appeal tribunal requires;

i) A chairman and less than 15 or not more than 20 members,

ii) not more than five members of the tribunal appointed shall be advocates of the high court of Kenya.

iii) A person shall not be appointed a chairperson under this section unless that person is qualified to be appointed as a judge of the high court.

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