This archive report was first published on 13 May 2020.
On May 13, 2020, the Court of Appeal ruled in favor of MultiChoice Kenya, allowing the pay-TV operator to recover Sh153 million from former Kandara MP Maina Kamau.
The amount was meant to be taxes payable to the Kenya Revenue Authority (KRA) for satellite dishes and decoders imported in 2009 during Kenya's television digital migration.
However, Mr. Kamau's logistics firm, Mainkam Limited, failed to remit the taxes as agreed, leading to a KRA audit that uncovered the non-remittance.
MultiChoice Kenya moved to court in 2012 and on September 24, 2019, Justice William Tuiyot issued an order compelling Mainkam to refund the amount together with interest.
Despite the ruling, Mainkam filed an appeal and an application to stop execution of the judgment, arguing that the appeal was arguable and raised substantial points of law and facts.
However, the Court of Appeal ruled that MultiChoice Kenya, being a well-known international company of good repute, would be able to refund the money should Mainkam's appeal succeed.
The bench comprising of justices Mohammed Warsame, Gatembu Kairu, and Jamila Mohammed described the money as 'a significant amount of money which could have been put to good use to ensure the respondent continues to run effectively.'
