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CS Kiunjuri sued over tax on processed hides and skins
2018/5/28 15:57:03 Source: Citizentv.co.ke Author: 点击率:
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• Justice John Mativo granted the orders after the Association filed a judicial review application seeking orders barring the Ministry from imposing and collecting taxes from the members of the Association’s goods destined for export.

• Tanners Association also sought for permission to apply for an order of prohibition to be directed to Kiunjuri, restraining him from imposing or collecting cess from the Association members.

• Through lawyer Mwang'ombe Mwakio, the association had argued that the decision to levy the said products was made without conforming to the terms of the Consent dated April 22, 2016 and adopted as the decree of Court on April 25, 2016.

The High Court in Nairobi on Thursday granted Tanners Association of Kenya permission to apply for an order to overturn a decision by Agriculture Cabinet Secretary Mwangi Kiunjuri to impose tax on processed hides and skins.

Justice John Mativo granted the orders after the Association filed a judicial review application seeking orders barring the Ministry from imposing and collecting taxes from the members of the Association’s goods destined for export.

Tanners Association also sought for permission to apply for an order of prohibition to be directed to Kiunjuri, restraining him from imposing or collecting cess from the Association members.

The Association which deals with exportation of hides and skins was also directed to file its substantive application within 14 days and serve the ministry.

The substantive application is to be served upon Kiunjuri and the Cabinet Secretary Ministry of Industry, Trade and Cooperatives Adan Mohamed who is listed as an interested party in the matter.

Through lawyer Mwang’ombe Mwakio, the association had argued that the decision to levy the said products was made without conforming to the terms of the Consent dated April 22, 2016 and adopted as the decree of Court on April 25, 2016.

“The CS acted contrary to Article 209(4) of the Constitution which provides that the national Governments may impose charges for services rendered,” read the court documents.

Mwakio argued that the operation of leather development is under the Ministry of Industry, Trade and Cooperatives thus it is unreasonable for Kiunjuri to charge levy on the industrial product whose operations are not within his ministry.

They added that Kiunjuri acted irrationally by gazetting rules which penalize value addition and contravenes the government policy on leather development.

He added that the Minister acted in bad faith by ignoring the objections made by the Association and Mr. Mohamed, before gazetting the said rules imposing cess on the processed hides/skins.

The matter was certified as urgent and will be heard on May 30, 2018.

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