High court suspends excise stamp duty on soft drinks

October 30, 2017
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In the case, Omtatah has sued the Treasury CS, Kenya Revenue Authority’s Commissioner General John Njiraini and Switzerland based firm called SICPA Securities. /FILE

, NAIROBI, Kenya, Oct 30 – The High Court has suspended a gazette notice imposing excise duty on bottled water, juices, soda, other non-alcoholic beverages, and cosmetics.

The said goods whether imported or manufactured locally were to be affixed with excise stamps from Wednesday, November 1.

The temporary order has been issued by Judge John Mativo following a case lodged by human rights activist Okiya Omtatah.

In the case, Omtatah has sued the Treasury CS, Kenya Revenue Authority’s Commissioner General John Njiraini and Switzerland based firm called SICPA Securities.

The Gazette notice in question was published on October 3.

According to Omtatah, the notice is contrary to directions of the Public Investments Committee of the 11th parliament which suspended implementation of excisable goods management systems by the sued parties pending conclusion of investigations in the National Assembly.

In June, a petition was filed before the National Assembly by the Kenya Private Sector Alliance(Kepsa) and is still under investigations.

Justice Mativo has given KRA and The Treasury 21 days to respond to the petition.

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