SheriaNet for Android — search and read Kenyan case law from your phone, offline.
Join the beta →

Republic v Kenya Revenue Authority Ex-Parte Corrugated Sheets Ltd [2016] KEHC 2672 (KLR)

[2016] KEHC 2672 (KLR) High Court of Kenya
Read PDF
Court
High Court of Kenya
Case number
2672
Citation
[2016] KEHC 2672 (KLR)
Decided
14 October 2016
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx parte application for judicial review ordersCoramM. J. ANYARA EMUKULE, MBS
Holding

The ex parte application is dismissed with costs to the Respondents.

Facts

The Kenya Revenue Authority (KRA) demanded V.A.T. tax from Corrugated Sheets Limited (the Applicant) for the period January to September, 2008. The Applicant claimed the demand was illegal.

Issues

  1. Whether the KRA's demand for V.A.T. tax was within the law or ultra vires the process of the Respondent under the Value Added Tax Act.
  2. Whether judicial review relief order of certiorari was the most appropriate remedy.

Reasoning

The court found no merit in the ex parte application, as the KRA's actions were within the law and procedural impropriety was not established.

Outcome

Dismissed with costs

Authorities cited

Legislation (2)
  • Value Added Tax Act
  • Seventh Schedule to the Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Full judgment 0.2 MB · PDF

Loading judgment…

Cite this case


        
        
      

Share this case