BY SAM ALFAN.
A betting firm Bradley Limited has moved to court Seeking an order to quash cabinet secretary Henry Rotich decision to increase taxes levied on the Betting,Lotteries and gaming Industry to fifty per cent (50%) across the board.
“A order to quash the Treasury Cabinet Secretary decision (s) and proposal (s) contained in his Budget statement for the Finance 2017/2018 delivered to the National Assembly on 30 March 2017 by the CS to increase the taxes levied on the Betting, Lotteries and Gaming industry to fifty(50%) across the board.
The betting company further claims that the Treasury Cabinet Secretary Henry Rotich through his actions acted ultra vires the express provisions of section 15(2)(f).
The company argues Rotich in taking the administrative action under the budget process with respect to the betting,lotteries and gaming industry taxation measures was biased and violated the applicants legitimate expectations.
Bradley limited in its petition argue that the constitutional and statutory primacy in the taxation of the betting,lotteries and gaming industry is vested on the betting control and Licensing Board and the CS in the state department.
In a case filed this morning the petitioner have named CS Henry Rotich,Interior CS ,Betting and Licensing Board have been named as respondents.
The 50 percent increase was announced on 30th of last month before the National Assembly.
The applicants say that Rotich in his budget policy statement dated November 2016 for the fiscal year 2017/2018 there was no mention of an intention to enhance the taxation measures against the betting,lotteries and gaming industry.
“The respondents and particularly CS Henry Rotich have not directly engaged in the Industry with respect to the proposals to enhance the taxation measures as proposed in the budget statement delivered on the 30march,”reads the petition.
Bradley Limited states that CS rotich acted outside his jurisdiction by increasing taxation rates for the betting ,lotteries and Gaming industry.
