Kisumu lobby group that secured temporary orders stopping implementation of 16 percent VAT on fuel has now sued the Energy Regulatory Commission (ERC) and Treasury for contempt.
Justice Fred Ochieng of the Kisumu High Court on Tuesday certified the matter as urgent and ordered the petitioners, Sumawe Youth Group, to serve the two respondents and the attorney-general.
The case will be mentioned on September 12, the same day the case filed a the Bungoma High Court will be heard at the Kisumu High Court.
On Tuesday, lawyer Ken Amondi for the petitioners told Justice Ochieng that immediately Justice Riechi of Bungoma High Court gave orders, they duly served ERC. “The ERC director has confirmed in the press that he has knowledge of the order through scanned copies,” said Mr Amondi in court.
On Thursday last week, Mr Amondi told the Nation that both Treasury and ERC had rejected service of the scanned orders, insisting on getting the original ruling as extracted from the court.
The advocate fought ERC’s and Treasury’s demands for the original copies.
“That is enough my Lord, they ought to have implemented orders of the court, because they have confirmed receiving them.’’
Mr Henry Rotich, the Treasury Cabinet Secretary, last week directed the Kenya Revenue Authority and ERC to effect the tax despite a parliamentary vote which postponed the levy by two years.