Tax Law

Billionaire advocate makes new law - on tax amnesty

WITH his flashy style, enormous wealth and handy political connections, billionaire Kenyan lawyer and businessman, Kenneth Kiplagat, regularly makes headlines. Now he is also making new law. In a major case against the country’s top financial officials he has won an order setting aside attempts to charge him interest and penalties for unpaid back tax. He has won a declaration that a particular aspect of the law on tax amnesties is unconstitutional.

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Capital Gains Tax in Transactions entered into pursuant to the Chargee’s Statutory Power of Sale not Payable before Completion of Sale of the Charged Property

By an administrative action announced in a notice published in the Daily Nation newspaper on October 4, 2016 the Respondent discontinued the manual payment of both stamp duty and Capital Gains Tax (CGT) and required the simultaneous online payment of both stamp duty and CGT. It is alleged that the effect of the announcement was that stamp duty had to be paid through the Respondent’s I-tax system simultaneously with the CGT.

Kenya Bankers Association v Kenya Revenue Authority [2018] eKLR
Miscellaneous Civil Case No. 510 of 2017
High Court at Nairobi
G. V. Odunga, J
March 13, 2018.
Reported by Kakai Toili
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