Court grants temporary orders stopping tax adjustments on fuel
By Dickson Odhiambo
September 27, 2021
Court grants
temporary orders stopping tax adjustments on fuel
The High Court in
Nairobi has granted temporary conservatory orders quashing the decision by
Commissioner General of the Kenya Revenue Authprity to Adjust excise Duty rates
for Petroleum Products effective next month of October.
Before Justice Makau,
the petitioner has been granted temporary conservatory orders at
Mlimani Court.
Lawyer Kenneth Amondi of
Amondi and Company Advocates represent the Ufanisi Center who is the Petitioner
in the matter.
Ufanisi Center moved to
High court last week and filed a petition asking the court to stop
Kenya Revenue Authority from implementing the issue of adjusting excise duty
Tax that would make fuel prices go higher as from October 1 this year.
It filed the Petition
before a constitutional court at Mlimani Law courts through Lawyer Kenneth
Amondi and Company Advocates.
The Petition case number
is E 374 of the year 2021.
In the Petition, two
Petitioners Namely Isaiah Luyaro Odando and Willis Yatta asked the High court
to quash the decision by the Kenya Revenue Authority to adjust Excise duty on
petroleum products which is expected to take effect as from next month of
October 1, 2021.
The petitioners argue
that the net effect of this will be the skyrocketed prices of fuel across the
country.
The petitioners have
also sought the indictment of Parliament as the body that create laws on VAT on
Fuels and excise duty among others and ratify taxes yet it is Parliament
through MPs that has begun to complain together with Kenyans on the issue of
rise in prices of fuel.
There are seven
respondents in the matters namely KRA as the first respondent, Energy and
Petroleum Regulatory Authority as second Respondent.
CSs in charge of
Treasury and his Petroleum and Mining counterpart are listed as third and
fourth respondents while CS in charge of Energy listed as fifth respondent.
Speaker of the
National Assembly and the National Assembly of Kenya are sixth and seventh
Respondents respectively.
The case will be
mentioned on October 12 this year.
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