NAIROBI, Kenya, Oct 31 – The Kenya Revenue Authority (KRA) is seeking regularization of five tax administration laws nullified by the High Court over passage by the National Assembly without the Senate’s input.
The tax collection agency says the order does not affect revenue collection as the nullified laws are still in force as guided by the court.
KRA Commissioner Legal Services and Board Coordination Paul Matuku on Saturday said despite the nullification, the implementation of court order remains suspended for nine months.
The agency said the enforcement measures already taken by the Authority in implementing the laws are valid.
“Despite the nullification, implementation of Court Orders has been suspended for nine months to allow the Speaker of the National Assembly and the Attorney General to comply with the provisions of Article 110 (3) of the Constitution and regularize the affected laws,” Matuku said.
The nullified laws that relate to tax administration are: The Statute Law (Miscellaneous Amendment Act), No. 4 of 2018, The Tax Laws (Amendments) Act, No. 9 of 2018, The Statute Law (Miscellaneous Amendments) Act, No. 18 of 2018 The Finance Act, No. 10 of 2018 and The Statute law (Miscellaneous Amendment) Act, 2019.
The High Court declared the laws null and void in a ruling delivered by a three-judge bench of Justices Jairus Ngaah, Anthony Ndung’u and Teresiah Matheka.
“Where the Constitution decrees a specific procedure to be followed in the enactment of legislation, both Houses of Parliament are bound to follow that procedure. If Parliament violates the procedural requirements of the supreme law of the land, it is for the courts of law, not least the Supreme Court to assert the authority and supremacy of the Constitution,” the judges ruled.
The judges concluded that for such laws to be passed, the Speaker of the National Assembly must first seek the concurrence of his Senate counterpart, particularly on matters touching on devolution.