A fresh court battle has erupted over the appointment of Adan Muhammed as a commissioner General at the Kenya Revenue Authority, with a petitioner claiming the appointee is above the mandatory retirement age for public officers.

In a petition filed before the High Court, Benard Opere argues that the appointment, published through Gazette Notice No. 7393 dated May 18, 2026, is unconstitutional, illegal and contrary to public service regulations.

According to court documents, the petitioner claims the appointee is approximately 62 years old, exceeding the mandatory retirement age of 60 years set under Regulation 70 of the Public Service Commission Regulations, 2020.

Opere argues that the appointment violates several constitutional provisions, including Articles 10, 27, 47, 73 and 232, as well as Section 80 of the Public Service Commission Act.

He further contends that allowing the appointee to assume office could entrench what he terms an unconstitutional appointment and lead to administrative and financial decisions that may later prove difficult to reverse.

The petitioner is now seeking urgent conservatory orders stopping the appointment from taking effect pending the hearing and determination of the case.

The matter was placed before Gregory Mutai, who directed that the petition and application be served on all respondents by 5 pm on May 20, 2026.

The respondents have been ordered to file their responses by May 22, 2026, while the application is scheduled for hearing on May 27, 2026.