KRA boss John Njiraini.[Photo/the-star.co.ke]

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Kenya Revenue Authority (KRA) commissioner-general John Njiraini will continue serve in his role until a case challenging his stay in office is heard and determined.

This is after Justice Nelson Abuodha Tuesday ruled that the case should be concluded before March 3.

Njiraini is expected to leave office on the same day.

While ruling on the suit filed by activist Okiya Omtatah, Justice Aboudha said Mr Njiraini can be ordered to refund whatever money he would have received as KRA boss, if the court finds that he is in office illegally.

Omtatah was seeking to have Njiraini ordered to step down  pending determination of the case.

The case will be mentioned on February 7.

Mr Omtatah argues that Mr Njiraini should be on terminal leave pending retirement, having attained the mandatory retirement age of 60 years on December 19.