Justice George Odunga. FILE PHOTO | EVANS HABIL |
NATION MEDIA GROUP
A Nairobi court has overturned a directive by the taxman to
suspend operations of a clearing and forwarding firm stating the
decision was based on a rival’s malice.
Keynote
Logistics Limited sued the Kenya Revenue Authority (KRA) for annulling
its permit due to communication from Boaz Makomere and Kenya
International Freight and Warehouse Association (Kifwa).
It asked the court to quash that decision saying that Makomere has a vendetta against the company.
Keynote under the directorship of Mr William Ojonyo and Makomere were both board members of the association.
In
2012 after Makomere took over the chairmanship of Kifwa, members got
concerned on how he was running the affairs of their business, Keynote
told the court.
RECEIVING COMPLAINTS
It
was then that the court, after receiving complaints, in 2013 directed
that Makomere vacates office and the association be run by a board of
trustees. He, however, remained in office.
After
raising the concern its membership was suspended which was followed by
the suspension of their license without any reason. Keynote said the
action was illegal, null and void.
Justice George
Odunga while delivering the judgment on November 20, 2014 said that no
response to the application was whatsoever filed.
“It
was deposed that the impugned action was taken pursuant to information
emanating from the 2nd respondent (Makomere) who was presumed to have
vacated office and, therefore, had no powers to issue such instructions
as he had no power to act for or on behalf of the association,” he said.
The
court said the taxman and Makomere further acted illegally by
purporting to suspend Keynote membership from the association and
subsequently its password/licence in violation of an existing court
order.
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