This archive report was first published on 22 September 2021.
On September 22, 2021, a court in Mombasa dealt a blow to hotel owners who had petitioned against the county government's decision to impose taxes, levies, or penalties for last year as a pre-condition for paying the current fees for licenses for this year.
Justice Eric Ogola, sitting at the High Court in Mombasa, ruled that the petition by Mombasa County Bars, Hotels, Restaurants & Guest House Association lacked merit.
The association had argued that the county government was coercing them to pay charges, levies, taxes, and penalties for last year before being issued with operating licenses for 2021.
However, Justice Ogola noted that the petitioners wanted the court to believe that the devolved unit denied them the right to pay for licenses for the current financial year by requiring them to settle charges that were due for the last financial year.
He further stated that the petitioners should seek to participate in the next County Finance Act to have their views considered rather than seeking to suspend or prohibit the implementation of the current Finance Act.
Justice Ogola also found that there was adequate public participation in the promulgation of the Finance Act, contrary to the petitioners' claims.
