This archive report was first published on 21 October 2019.
On October 21, 2019, the Court of Appeal declined to certify a case filed by Suzan General Trading JLT, a company associated with businessman Kamlesh Pattni, as urgent.
This decision puts the company's properties at risk of auction over a Sh2.2 billion debt owed to the Kenya Revenue Authority (KRA).
Justice Martha Koome ruled that she was not convinced that the matter was urgent, citing that the company had filed multiple suits, including a matter pending before the Tax Appeal Tribunal and another before the High Court.
The company, through its lawyer Nyiha Mukoma, argued that KRA had already started knocking on its door through a notice dated July 9, 2018, and that the amount demanded was disputed.
KRA opposed the application, accusing the firm of 'forum shopping' by filing multiple matters before different tribunals.
The taxman is seeking to seize and auction the firm's properties to recover unpaid levies of Sh2.2 billion.
On July 9, 2018, Keysian Auctioneers had attached office furniture and fittings owned by Diplomatic Duty Free Limited, a company associated with Pattni, over taxes of Sh784 million and penalties amounting to Sh1.459 billion.
