On Wednesday, July 31, the Court of Appeal declared the Finance Act 2023 unconstitutional for lacking sufficient public participation in its implementation The three judge-bench invalidated the entire Act, including new taxes under it like the additional 8% VAT on fuel Lawyer Willis Otieno called on the Energy and Petroleum Regulatory Authority (EPRA) to withdraw the 8% VAT on fuel and review pump prices Kenyans should start paying less for fuel after the court invalidated the Finance Act 2023.....CLICK HERE TO READ THE FULL ARTICLE>>>
Lawyer Willis Otieno called on the Energy and Petroleum Regulatory Authority (EPRA) to slash the additional 8% VAT introduced under the Act.
Speaking at Spice FM on Thursday, August 1, Otieno said that petrol stations should start retailing fuel less 8% VAT.
“From this morning, any collection of 16% VAT on fuel is illegal. They should not wait for a third party to interpret the law for them. They should comply immediately.
“Same to the employers, It is the employer’s duty to comply with court orders; the employer should not say that I am waiting for KRA, AG or whoever to give me an advisory. Remember, all these people were party to the case and they lost,” said Otieno.
The vocal lawyer noted that the conversation should focus on how the Kenyan government is going to refund over KSh 300 billion collected illegally under the Act.
Busia Senator Okiya Omtatah, who was a key litigant in the case that saw the Court of Appeal nullify the Act, said it was one of his prayers to have the state refund Kenyans.
“A void law confers no rights. So, the courts have said the law was valid until the point it was found to be illegal. But The court missed it; in my prayers, I had asked for a refund, but this was not awarded,” said Omtatah.
The three-judge bench, led by Justices M’Inoti, Murgor, and Mativo, declared the Act unconstitutional, saying it did not meet the public participation threshold.
The appellate court also clarified that tax refunds were not mandated, as this was not part of the original High Court ruling.
The Court of Appeal also explained that legislative enactments are presumed constitutional until proven otherwise...CONTINUE READING>>
