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KRA
V.
ODANDO & ANOR.

(2021) JELR 113479 (CA)

Court of Appeal 17 Dec 2021 Kenya
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Case Details

Suit Number:CIVIL APPLICATION NO. E381 OF 2021
Judges:MSA MAKHANDIA, JA JAMILA MOHAMMED, JA K.I. LAIBUTA, JA
Location:Nairobi

RULING

1.By a petition dated 20th September 2021 filed in Nairobi High Court Petition No. E374 of 2021, the respondents herein prayed that the court be pleased to–

a. issue permanent conservatory orders quashing the decision by the Commissioner General of the applicant to adjust excise duty rates for petroleum products effective 1st October 2021, subject to approval by the Cabinet Secretary Treasury and National Planning;

b. issue declaratory orders that Parliament has failed to exercise its mandate to cushion Kenyans against the spiraling effect of fuel tax by deliberately sanctioning taxes on petroleum products, which currently constitute more than half of the price;

c. issue orders directing the respondents in the petition aforesaid (who include the applicant herein) to come up with clear regulations on the management and application of moneys received by the Petroleum Subsidy Fund from the Petroleum Development Levy;

d. issue orders directing the respondents to the petition to account …

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