Kiambu traders have sought court orders barring the county government from imposing tax and licensing fees without legislation.
The matter has been filed at the High Court in Kiambu by James Mungai and others. The county government, the county secretary and the attorney general are listed as respondents. Kiambu governor and county assembly have been listed as interested parties.
Through Masinde Mdivo and Company Advocates, the applicants sought to have the court certify the application as extremely urgent so it can be heard on a priority basis on the grounds that the respondents have compelled traders and business premises to make payments with threats of business closure and auction.
The traders want the court to stop the respondents from enforcing, implementing or in any other manner effecting its decision in the absence of a finance law for the financial year 2020-21
They also want the county government compelled to table a finance bill at the county assembly. The county made the decision as part of its plan to boost own-source revenue. But the traders have lamented, citing economic hardship due to the Covid-19 crisis.
Enforcement officers are already confiscating goods and equipment and closing shops for noncompliance.
The traders say the decision is unlawful, unreasonable, procedurally unfair, fails to comply with the mandatory empowering provision of Article 210 (1) of the Constitution and has been made with an ulterior motive to prejudice their rights.
They said the procedure and threshold laid down under the Public Finance Management Act, 2012, in enacting legislation for imposing taxes and licensing fees has not been satisfied to justify the charges.
They say the Constitution demands public finances administered in a manner that is open and accountable; financial management to be responsible, and fiscal reporting to be clear.
The Constitution also provides for the rule of law, democracy, public participation, integrity, transparency and accountability as national values and principles of governance that bind all state organs and officers, the traders added.
Edited by F'Orieny
