, NAIROBI, Kenya, Feb 7 – The Court of Appeal has stopped a High Court order compelling the Kenya Revenue Authority (KRA) to issue lawyer Tom Ojienda with a Tax Compliance Certificate (TCC).
In the ruling issued late Wednesday, the Court of Appeal further stopped the order, which would obligate Law Society of Kenya to process Ojienda’s nomination to contest Judicial Service Commission (JSC) elections without a TCC.
The stay order was issued by High Court judge Wilfrida Okwany on 4th December 2018.
The order followed Ojienda’s High Court petition number against KRA and the LSK seeking interim orders pending the hearing and determination of the Petition.
KRA appealed the High Court order to issue Ojienda with a TCC by stating, that complying with the order would make Prof Ojienda tax compliant despite his tax arrears.
Further the Court of Appeal was satisfied that if the orders of the High Court are not stayed, KRA will be compelled to issue a TCC without it first being established whether it would be contrary to the laid down procedure required by law.
The Court also observed that, if the order of stay was not issued the LSK would be denied an opportunity to vet the nominee (Prof Ojienda) for the position of LSK male representative to the JSC using the same criteria as for the other candidates.
The Court also found that if the orders of stay were not granted, the intended appeal by KRA will be rendered useless at the end of the day.