Bungoma High Court issues temporary orders stopping implementation of 16%VAT on Petroleum.







 Lawyer Ken Amondi who represent the three petitioners in a petition where Bungoma High Court has today granted temporary orders stopping the levying of 16% VAT on fuel products-By Dickson Odhiambo



 By Dickson Odhiambo


September 6,2018.


The High Court sitting in Bungoma has today granted temporary orders stopping the levying of 16% VAT on fuel products.

The petitioners represented by Advocate Ken Amondi  argued that the Cabinet Secretary in charge of National Treasury had flouted core constitutional principles and values in arriving at the decision. 

 Bungoma High Court Justice Stephen Riechi has ordered that the matter be mentioned this September 12 in Kisumu.

 This comes barely a few days after a lobby group in Ksm moved to court on Monday to challenge the Cabinet Secretary in charge of National Treasury Henry Rotich's decision to implement 16 percent VAT on petroleum products.

The group known as SUMAWE Youth group filed a petition in  Ksm High Court while wanting the decision to be quashed.

Through their Lawyer Ken Amondi of Amondi and Company Advocates,the group has described the decision as a burden by the already overtaxed Kenyans.

Lawyer Ken Amondi who is representing the Petitioner says this is a fact that has been considered,discussed and resolved by the National Assembly under Article 95(2) of Kenyan Constitution before passing the Amended Finance Act 2018 which sought to shelve the Implementation by two years to 2020 though the same is awaiting Presidential Assent.

Amondi argues that the National Treasury has ignored the delegated sovereign power of the people under Article 1(3)(a) of the Constitution  expressed through the National Assembly,the people's entitlement to the social justice under Article 10 in proceeding to easily implement the levying of VAT on Petroleum products from this September 1.

The three Petitioners are Titus Alila,Jackline  Otieno and Francis Oganda and want the petition certified as urgent..

Ends...

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