RULING OF THE COURT
The genesis of the application before us by way of notice of motion dated 3rd December 2007 are two letters from the respondent, the Kenya Revenue Authority, to the applicant, Stanbic Bank Kenya Limited, on matters of the applicant’s tax liability. The first letter was dated 2nd September 2002. It was addressed to Messrs KPNG Kenya, which were the applicant’s accountants, by one V.N. Muhatia for Deputy Commissioner, Large Tax Payer Office (LTO). It demanded withholding tax from the applicants in respect of Reuters Service. The applicant disputed that demand in its letter dated 29th January 2003 addressed to J.G. Nduati, Deputy Commissioner, Kenya Revenue Authority. That letter was written by one Godfrey Maina, the Manager Tax and Legal Matters for KPNG. Other correspondence ensued between the parties but the second important letter from the respondent was dated 8th September 2005. It was addressed to Finance Director of the applicant. It was written by one J.N. Ojee…