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Machakos sand transporters challenge new taxes in court

Sand transporters have sued Machakos county government over new taxes. Through the Kenya National Chamber of Commerce and Industry  (KNCCI) Machakos chapter  and Truckers Association of Kenya (TAK), they  claim they were not consulted when the laws contained in the Finance Bill 2018 were formulated and that the new levies would adversely affect their business.

Through lawyer Mbugua Mburu, they argued increase of cess was unrealistic, adding that the county  ought to have publicised its public participation meetings through local radio stations, barazas and posters instead of using mainstream local newspapers. 

The traders have listed both the county Executive and the County Assembly as first and second respondents, respectively.

The petitioner’ argue that the respondents, while passing and implementing the Machakos County Finance Bill (2018), failed to adhere to the constitutional requirement to follow due process.

They termed the new rates “draconian and exorbitantly high”. But lawyer Caroline Kamende, for the Assembly, opposed the application, saying the contested law on taxation was already in force.

“The orders the petitioners are seeking should not be considered as the Act is already in force and is being implemented by the first respondent,” she told Justice George Odunga, who is hearing the case.

The judge allowed the petitioners to file supplementary affidavits and also agreed with the respondents’ application for leave to file replying affidavits within five days. The case  will be heard on July 2.

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