KENYA ASSOCIATION OF STOCK BROKERS V. ATTORNEY GENERAL & KENYA REVENUE AUTHORITY

RULING OF THE COURT

The applicant, KENYA ASSOCIATION OF STOCK BROKERS filed a Notice of Motion dated 28^th April, 2015 and sought, inter alia, the following orders:-

“1. THAT there be a stay of any enforcement action to be taken by Kenya Revenue Authority, the 2^nd Respondent herein with regard to the collection and remittance of capital gains tax as provided for under section 10 and 23 of the Finance Act, 2014 pending the hearing and determination of this application.

2. THAT there be a stay of any enforcement action to be taken by Kenya Revenue Authority, the 2^nd Respondent herein with regard to the collection and remittance of capital gains tax as provided for under section 10 and 23 of the Finance Act, 2014 pending the hearing and determination of the intended appeal.

3. THAT The Kenya Revenue Authority, the 2^nd Respondent herein, be restrained from commencing, instituting or proceeding with any enforcement action against taxpayers and specifically members of the Applicant in relation …