Lawyers' war against electronic tax register rages on
By WAHOME THUKU
| February 5th 2015
Kenya: Law firms will continue enjoying exemption from the use of electronic tax register (ETR) machines until a case filed at the Court of Appeal by the Law Society of Kenyan (LSK) is heard and determined.
LSK filed a case at the High Court soon after the machines had been introduced in 2005, seeking an order to have the Minister of Finance, Kenya Revenue Authority and the Commissioner of Domestic Taxes prohibited from implementing the Value Added Tax (ETR) Regulations, 2004. The society argued that the regulations were discriminative and contrary to the Advocates Act and would interfere with client-advocate confidentiality.
The High Court, however, dismissed the application, saying LSK had made a serious misapprehension of the relevant tax law.
LSK appealed in 2006 and obtained a suspension of the High Court order, hence exempting them from using the ETR machines until the appeal is determined.
The case came up for hearing yesterday before Justices Philip Waki, G M Kariuki and William Ouko but could not proceed since lawyer Waweru Gatonye for KRA was sick.
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