Keroche sues KRA over failure to reopen alcohol company

The firm noted that the tax agency had failed to honour the said orders.

In Summary

•The firm noted that High Court Judge Alfred Mabeya had on July 14, 2022, issued an order directing KRA to reopen the brewer but the tax agency moved to court on July 18 to seek an order to stop the reopening.

•According to Keroche’s lawyers, Lady Justice Abigael Mshilla did not certify KRA’s application not to reopen the brewer and no orders were issued regarding the said application.

A plant operator at Naivasha based Keroche Breweries supervises the production of beer before the brewery was closed down by KRA over fresh tax row.
Keroche A plant operator at Naivasha based Keroche Breweries supervises the production of beer before the brewery was closed down by KRA over fresh tax row.
Image: FILE

Keroche Breweries has filed an application against the Kenya Revenue Authority (KRA) and Commissioner General Githii Mburu for disregarding a High Court order to re-open the plant.

Through H&K law advocates, the firm filed the application at the High Court on Friday under the certificate of urgency.

The firm noted that High Court Judge Alfred Mabeya had on July 14, 2022, issued an order directing KRA to reopen the brewer but the tax agency moved to court on July 18 to seek an order to stop the reopening.

According to Keroche’s lawyers, Lady Justice Abigael Mshilla did not certify KRA’s application not to reopen the brewer and no orders were issued regarding the said application.

The firm noted that the tax agency had failed to honour the said orders.

"The applicant is apprehensive that if this application is not heard on a priority basis, the respondent will continue to deliberately ignore the orders of the court occasioning the applicant's losses.

The lawyers noted that the KRA led by Mburu failed in its application to cause the reopening of Keroche Breweries in compliance with the orders.

KRA closed down the factory over fresh tax arrears last month.

This was the sixth time in one year that KRA had closed down the Naivasha-based company leaving it to incur losses running to millions of shillings.

The company has accused KRA of being used to fight it politically and issuing agency notices to all its lenders

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