Justice Isaac Lenaola who has issued orders stopping KRA from seizing 12 high end motor vehicles until a case filed by their owners is heard and determined.
BY THOMAS KARIUKI.
Car importers have obtained orders barring the taxman from impounding their vehicles on claims that they have ‘outstanding tax issues.’
Justice Isaac Lenaola issued the injunction after the Car importers moved to court demanding that KRA be stopped from impounding their motor vehicles over outstanding taxes issue.
However, Justice Isaac Lenaola directed the owners not to move their cars from the jurisdiction of the Court.
Tripple One Motors say that the actions by Kenya Revenue Authority are repressive and have continued to act discriminatory and in a partial manner singling out certain businesses and leaving out other vehicle importers.
They say that by failing to give access to information concerning the nature of the alleged outstanding tax issues, KRA is infringing upon their rights.
“By purporting to issue an unreasonably short notice for compliance and choosing to deliver the notice through the press as opposed to registered postal mail, KRA have denied the petitioners a reasonable opportunity for hearing hence breached their rights for fair administrative action,” the car owners totaling to about 20 said.
Being a reasonable car trader, Tripple One Motors says that they complied with all legal requirements for importation and registration of motor vehicles in Kenya and duly obtained certificate of registration for motor vehicles for each vehicle the subject of the petition.
They say that the vehicles were released to their owners in accordance with the agreements with the trader.
According to the notice KRA issued, Kenya revenue Authority wishes to inform the public that the vehicles listed below have outstanding tax issues….the registered owners of the motor vehicles are required to take notice of section 204 of the East African Community Customs Management Act, 2004.
The trader said that once they were aware of the said notice, they proceeded to KRA offices in a bid to get further and better particulars of the ‘outstanding tax issues’ but the taxman withheld the said information from them stating that the deadline had already lapsed.
They want the court to issue orders restraining KRA from taking any punitive or penal action against the petitioner on account of failing to comply with the subject notice.
The trader also want KRA stopped from impounding, seizing or confiscating with any vehicle mentioned in the notice pending the hearing and determination of the suit.
The case will be on back in court over May 25.
