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Pharmaceutical Manufacturing (K) Co Ltd, Kumar Shah, Utamchand G. Shah, Christine D' Souza v. Commissioner General of Kenya Revenue Authority, Attorney General & Commissioner of Customs Services

(2017) JELR 94856 (CA)

Court of Appeal  •  Civil Appeal 283 of 2014  •  10 Mar 2017  •  Kenya

Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti



On 3rd March, 2017 we rendered our decision in this appeal and reserved the reasons to today, the 10th March, 2017. These are therefore our reasons for dismissing this appeal with costs.

The 1st appellant is a limited liability company engaged in pharmaceutical manufacturing business. The 2nd, 3rd and 4th appellants are, respectively its shareholder, Managing Director, and Administrative Manager.

Following a demand notice from the Commissioner of Customs Services (the 3rd respondent) requiring the 1st appellant to pay to it Kshs.121,660,538/= in unpaid import Value Added Tax (VAT) for the period between January, 2008 and November, 2013, the appellants petitioned the High Court for protection claiming that the 1st and 2nd Schedules to Sections 2 and 7 (2) of the VAT Act, 2013 (Chapter 476 of Laws of Kenya) contravened Article 201 of the Constitution on the principles and framework of public finance; that to the extent that the aforesaid Section 7 (2) imposes on the 1…

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