Court battle over the 16 per cent Value Added Tax on petroleum products will commence on Wednesday after the Government failed to comply with High Court order reversing the levy.
The Energy Regulatory Commission has claimed that they have not been served with the court order and is expected to be put to task for contempt of court filed by Lawyer Ken Amondi who wants Kenyans compensated for what he terms ‘illegal levying of VAT on petroleum products from 4.00PM on 6/9/2018.’
According to the court application, “That this court be pleased to issue an urgent notice upon Energy Regulatory Commission Director General to show cause why contempt of court proceedings should not be brought against him.”
The Orange Democratic Movement (ODM) is now pushing hard for the government to respect the order issued in Bungoma last week halting the implementation of the tax.
The party has accused ERC, of deliberately ignoring the court order and inflicting more pain on an already overburdened population.
According to the party’s Secretary-General Edwin Sifuna in a statement, “The government has leeched on poor Kenyans to the extent that they have nothing more to give. In this debt-laden, corruption-ridden economy that holds little promise for the ordinary mwananchi, it is nothing but sheer insanity to now try to tax the citizens to their graves.”
In addition he said, “A casual glance at that history will reveal the impunity of these actions, from court orders halting police recruitment a few years ago that were ignored, orders for the appearance of CS Fred Matiang’i and the Inspector General of police in court as well as the subsequent warrants for their arrest, and the now infamous multiple orders to restore Miguna Miguna’s passport and produce him in court,” Mr Sifuna said.
“We would have thought that this would be the time to push through pro-poor policies that would lessen the burden on the proverbial tired donkey, but what do you know, they came for fuel, whose ripple effect is being felt in every corner of the nation. This is a burden the people cannot shoulder anymore,” he added and urged President Uhuru Kenyatta to live true to his oath of office and ensure government institutions obey court orders.