Kenya Act or statute

Parliament of Kenya

Tax Appeals Tribunal Act

This Act may be cited as the Tax Appeals Tribunal Act. This section provides definitions of terms used in the Act (for example: "appeal", "Cabinet Secretary", "Commissioner", "tax law", and "Tribunal").…

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01

Purpose and legislative effect

“This Act may be cited as the Tax Appeals Tribunal Act.”

This Act may be cited as the Tax Appeals Tribunal Act. This section provides definitions of terms used in the Act (for example: "appeal", "Cabinet Secretary", "Commissioner", "tax law", and "Tribunal"). Panels for proceedings must have at least three members including at least one High Court advocate; the Chairperson must preside if a member, otherwise designate a qualified member; if a member ceases or is unavailable the Chairperson must assign another member and proceedings continue. The Secretary to the Tribunal must designate a clerk for each panel from among the Tribunal's staff; the clerk serves as the panel's secretary. Creates the Tax Appeals Tribunal to hear appeals against tax decisions made by the Commissioner.

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APPEALS TO THE TRIBUNAL - 31. Enforcement of orders for costs

If the Tribunal awards costs, it must issue a certificate stating the amount of costs on application by the person awarded costs; that certificate may be filed in the High Court and, when filed, is deemed a High Court decree and may be executed as such.

Section 31

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Showing 49 of 49 provisions

Provision 33Offence 10Commencement 3Short title

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

This Act may be cited as the Tax Appeals Tribunal Act.

Section 1. Short title Section This Act may be cited as the Tax Appeals Tribunal Act.
§ 2PRELIMINARY - 2. InterpretationInterpretation

This section provides definitions of terms used in the Act (for example: "appeal", "Cabinet Secretary", "Commissioner", "tax law", and "Tribunal").

Section 2. Interpretation Section In this Act, unless the context otherwise requires— “appeal” means an appeal to the Tribunal against a decision of the Commissioner under any of the tax laws; “Cabinet Secretary” means the Cabinet Secretary responsible for matters relating to finance; “Chairperson” means the Chairperson of the Tribunal appointed under section 4 ; "Commission" means the Judicial Service Commission established under Article 171 of the Constitution; "Commissioner” means the Commissioner appointed under Kenya Revenue Authority Act; “member” means a member of the Tribunal appointed under section 4 ; “Secretary” means the Secretary of the Tribunal appointed under section 7 ; “tax” includes duty, tax or any imposition levied under any tax law ; “tax agent” means a person acting on behalf of another person on matters relating to tax and is registered as such by the Commissioner ; “tax law” means— (a) the Income Tax Act ( Cap. 470 ); (b) the Excise Duty Act ( Cap. 472 ); or (c) the Value Added Tax ( Cap. 476 ); (d) the East African Community Customs Management Act, 2004; (e) any other tax legislation administered by the Commissioner ; “Tribunal” means the Tax Appeals Tribunal established under section 3 . [Act No. 7 of 2022 , s. 2.]

Part II

ESTABLISHMENT OF TAX APPEALS TRIBUNAL

§ 10ESTABLISHMENT OF TAX APPEALS TRIBUNAL - 10. Constitution of a panelProvision

Panels for proceedings must have at least three members including at least one High Court advocate; the Chairperson must preside if a member, otherwise designate a qualified member; if a member ceases or is unavailable the Chairperson must assign another member and proceedings continue.

Section 10. Constitution of a panel Section 10(1) A panel constituted for any proceedings shall have at least three members, at least one of whom shall be an advocate of the High Court. Section 10(2)(a) if the Chairperson is a member of the panel as constituted, the Chairperson shall preside; or Section 10(2)(b) in any other case, the Chairperson shall designate one of the members of the panel who being an advocate of the High Court or a member of the Institute of Certified Public Accountants of Kenya, to preside over the proceedings. Section 10(3) Where a member of the panel ceases to be such member , or is not available for the proceedings, the Chairperson of the Tribunal shall assign another member to the panel and the proceedings shall continue. [Act No. 10 of 2018 , s. 21.]
Section 10Verify source
§ 11ESTABLISHMENT OF TAX APPEALS TRIBUNAL - 11. Clerk of a panelProvision

The Secretary to the Tribunal must designate a clerk for each panel from among the Tribunal's staff; the clerk serves as the panel's secretary.

Section 11. Clerk of a panel Section 11(1) There shall be a clerk for each panel, who shall be the secretary to the panel. Section 11(2) A clerk to a panel shall be designated by the Secretary to the Tribunal from among the staff of the Tribunal . [Act No. 38 of 2016 , s. 61, Act No. 7 of 2022 , s. 10.]
Section 11Verify source
§ 3ESTABLISHMENT OF TAX APPEALS TRIBUNAL - 3. Establishment of theTribunalProvision

Creates the Tax Appeals Tribunal to hear appeals against tax decisions made by the Commissioner.

Section 3. Establishment of theTribunal Section There is established a Tribunal to be known as the Tax Appeals Tribunal to hear appeals filed against any tax decision made by the Commissioner .
§ 4ESTABLISHMENT OF TAX APPEALS TRIBUNAL - 4. Membership of theTribunalProvision

Membership of the Tribunal includes a Chairperson.

Section 4. Membership of theTribunal Section a Chairperson ; and
§ 4AESTABLISHMENT OF TAX APPEALS TRIBUNAL - 4A. Qualifications for appointmentProvision

The Chairperson is qualified to be appointed as a Judge of the High Court.

Section 4A. Qualifications for appointment Section in case of the Chairperson , is qualified to be appointed as a Judge of the High Court; and
Section 4AVerify source
§ 4BESTABLISHMENT OF TAX APPEALS TRIBUNAL - 4B. Appointment proceduresProvision

The Chairperson and members of the Tribunal shall be recruited and appointed in accordance with the Third Schedule to the Judicial Service Act (Cap. 8A).

Section 4B. Appointment procedures Section The Chairperson and members of the Tribunal shall be recruited and appointed in accordance with the provisions of the Third Schedule to the Judicial Service Act ( Cap. 8A ). [Act No. 7 of 2022 , s. 3.]
Section 4BVerify source
§ 4CESTABLISHMENT OF TAX APPEALS TRIBUNAL - 4C. Staggered appointmentProvision

The Commission shall appoint Tribunal members in a staggered way so that at least one third are always in office.

Section 4C. Staggered appointment Section The Commission ("the Judicial Service Commission established under Article 171 of the Constitution;") shall appoint the members of the Tribunal in a staggered manner so as to ensure that, at all times, at least one third of the members are in office. [Act No. 7 of 2022 , s. 3.]
Section 4CVerify source
§ 5ESTABLISHMENT OF TAX APPEALS TRIBUNAL - 5. Tenure of officeOffence

Chairperson serves up to five years and is not eligible for re-appointment; members serve up to three years and may be re-appointed once for a further three years. Chairperson or member must serve full-time. Office is vacated on resignation by notice to the Judicial Service Commission or on specified disqualifying events (absence, bankruptcy, conviction, incapacity, becoming a public servant/employee of KRA or tax agent, or otherwise unfit).

Section 5. Tenure of office Section 5(1)(a) in case of the Chairperson , for a term not exceeding five years but shall not be eligible for re-appointment; and Section 5(1)(b) in case of a member , for a term not exceeding three years but shall be eligible for re-appointment for one further term of three years. Section 5(1A) The Chairperson or a member of the Tribunal shall serve on a fulltime basis. Section 5(2)(a) resigns from office by notice in writing addressed to the Judicial Service Commission ("the Judicial Service Commission established under Article 171 of the Constitution;") ; Section 5(2)(b) becomes a public servant or an employee of the Kenya Revenue Authority, or a tax agent ; Section 5(2)(c) is absent from three consecutive meetings of the Tribunal without the permission of the Chairperson ; Section 5(2)(d) is adjudged bankrupt by a Court of competent jurisdiction; Section 5(2)(e) is convicted of an offence under any tax law or of a criminal offence; Section 5(2)(f) is unable to perform the functions of the office arising by reason of infirmity of body or mind; or Section 5(2)(g) is otherwise unable or unfit to discharge the functions of the office. Section 5(3) Deleted by ActNo. 7 of 2022, s. 4 ; Section 5(4) Deleted by ActNo. 7 of 2022, s. 4 ; Section 5(5) Deleted by ActNo. 7 of 2022, s. 4 ; Section 5(6) Deleted by ActNo. 7 of 2022, s. 4 . [Act No. 7 of 2022 , s. 4.]
§ 6ESTABLISHMENT OF TAX APPEALS TRIBUNAL - 6. Oath of officeProvision

Before assuming office, a person appointed as Chairperson or member of the Tribunal must take or subscribe to the oath or affirmation in the Schedule before the Chief Registrar of the Judiciary.

Section 6. Oath of office Section A person appointed as the Chairperson or a member of the Tribunal shall, before assuming office, take or subscribe to the oath or affirmation set out in the Schedule before the Chief Registrar of the Judiciary.
§ 7ESTABLISHMENT OF TAX APPEALS TRIBUNAL - 7. Staff of theTribunalProvision

The Secretary to the Tribunal must be competitively appointed by the Judicial Service Commission; the Tribunal shall have other staff recruited competitively by the Commission; the Secretary must meet specified qualifications and eligibility conditions.

Section 7. Staff of theTribunal Section 7(1) There shall be a Secretary to the Tribunal who shall be competitively appointed by the Commission ("the Judicial Service Commission established under Article 171 of the Constitution;") . Section 7(2)(a) has a degree in law, business, finance, economics, insurance or related field from a university recognized in Kenya; Section 7(2)(b) has a minimum of ten years' experience in matters relating to the discipline referred to in paragraph (a) five of which should have been in senior management; Section 7(2)(c) has completed five years since he left the Authority, if the person is former employee of the Kenya Revenue Authority; Section 7(2)(d) is not a tax agent ; Section 7(2)(e) has not been convicted of a felony; Section 7(2)(f) has not been adjudged bankrupt by a court of competent jurisdiction; Section 7(2)(g) has met his tax obligations; and Section 7(2)(h) meets the requirements of Chapter Six of the Constitution. Section 7(3) The Tribunal shall have such other staff, recruited competitively, by the Commission ("the Judicial Service Commission established under Article 171 of the Constitution;") , as may be necessary for the proper discharge of the functions of the Tribunal under the Act. [Act No. 38 of 2016 , s. 60, Act No. 7 of 2022 , s. 5.]
§ 7AESTABLISHMENT OF TAX APPEALS TRIBUNAL - 7A. Functions of theSecretaryProvision

TheSecretary must manage the day-to-day affairs of the Tribunal.

Section 7A. Functions of theSecretary Section the day-to-day management of the affairs of the Tribunal ;
Section 7AVerify source
§ 8ESTABLISHMENT OF TAX APPEALS TRIBUNAL - 8. Remuneration and payment of expensesProvision

The Chairperson and members, and the staff of the Tribunal, are entitled to be paid remuneration as determined by the Commission in consultation with the Salaries and Remuneration Commission; the Tribunal's expenses are payable from the Tribunal's funds.

Section 8. Remuneration and payment of expenses Section 8(1) The Chairperson or a member of the Tribunal shall be paid such remuneration as may be determined by the Commission ("the Judicial Service Commission established under Article 171 of the Constitution;") in consultation with the Salaries and Remuneration Commission ("the Judicial Service Commission established under Article 171 of the Constitution;") , from time to time. Section 8(2) The expenses of the Tribunal shall be paid out of the funds of the Tribunal . Section 8(3) The staff of the Tribunal shall be paid such remuneration as may be determined by the Commission ("the Judicial Service Commission established under Article 171 of the Constitution;") in consultation with the Salaries and Remuneration Commission ("the Judicial Service Commission established under Article 171 of the Constitution;") from time to time. [Act No. 7 of 2022 , s. 7.]
§ 8AESTABLISHMENT OF TAX APPEALS TRIBUNAL - 8A. Expenses of theTribunalProvision

The expenses of the Tribunal shall be paid out of the Judiciary Fund.

Section 8A. Expenses of theTribunal Section The expenses of the Tribunal shall be paid out of the Judiciary Fund. [Act No. 7 of 2022 , s. 8.]
Section 8AVerify source
§ 9ESTABLISHMENT OF TAX APPEALS TRIBUNAL - 9. Arrangement of businessProvision

The Chairperson must ensure the Tribunal's business is conducted in an orderly and expeditious manner; the Tribunal must submit an annual report to the Chief Justice on its performance in the preceding year.

Section 9. Arrangement of business Section 9(1) The Chairperson shall be responsible for ensuring the orderly and expeditious discharge of the mandate of the Tribunal . Section 9(2)(a) constitute a panel to hear any matter before the Tribunal ; Section 9(2)(b) determine the place at which a panel may sit; and Section 9(2)(c) determine the procedure for the conduct of the business of the Tribunal . Section 9(3) The Tribunal shall submit an annual report to the Chief Justice on its performance in the preceding year. [Act No. 7 of 2022 , s. 9.]

Part III

APPEALS TO THE TRIBUNAL

§ 12APPEALS TO THE TRIBUNAL - 12. Appeals to theTribunalProvision

A person who disputes the Commissioner's decision under any tax law may appeal to the Tribunal if they give written notice to the Commissioner and, before appealing, pay a non-refundable fee of twenty thousand shillings; appeals are subject to the relevant tax law.

Section 12. Appeals to theTribunal Section A person who disputes the decision of the Commissioner on any matter arising under the provisions of any tax law may, subject to the provisions of the relevant tax law , upon giving notice in writing to the Commissioner , appeal to the Tribunal , Provided that such person shall before appealing, pay a non-refundable fee of twenty thousand shillings.
Section 12Verify source
§ 13APPEALS TO THE TRIBUNAL - 13. Procedure forappealProvision

Sets procedural rules for appeals to the Tribunal: how appeals must be filed, required documents, time limits for filing and determination, who must serve copies, and how time limits may be extended or excluded when settlement occurs.

Section 13. Procedure forappeal Section 13(1)(a) be in writing or through electronic means; Section 13(1)(b) be submitted to the Tribunal within thirty days upon receipt of the decision of the Commissioner . Section 13(2)(a) a memorandum of appeal ; Section 13(2)(b) statements of facts; and Section 13(2)(c) the appealable decision; and Section 13(2)(d) such other documents as may be necessary to enable the Tribunal to make a decision on the appeal . Section 13(3) The Tribunal may, upon application in writing or through electronic means, extend the time for filing the notice of appeal and for submitting the documents referred to in subsection (2). Section 13(4) An extension under subsection (3) may be granted owing to absence from Kenya, or sickness, or other reasonable cause that may have prevented the applicant from filing the notice of appeal or submitting the documents within the specified period. Section 13(5) An appellant shall serve a copy of the appeal on the Commissioner within two days after giving notice of appeal to the Tribunal . Section 13(6) The appellant shall, unless the Tribunal orders otherwise, be limited to the grounds stated in the appeal or documents to which the decision relates. Section 13(7) The Tribunal shall hear and determine an appeal within ninety days from the date the appeal is filed with the Tribunal . Provided that in case the panel is not able to conclude hearing an appeal within ninety days, the panel may through a resolution made by not less than half of its Members, extend the time for hearing and determination of the appeal by not more than thirty days. Section 13(8) The parties to an appeal may apply, in writing, to the Tribunal to settle the dispute out of the Tribunal and in such a case, the time taken to resolve or conclude the settlement out of the Tribunal shall be excluded when calculating the period contemplated in subsection (7). Section 13(9) For the purposes of this section, “appealable decision” has the meaning assigned to it in section 3(1) of the Tax Procedures Act ( Cap. 469B ). [Act No. 14 of 2015 , s. 61, Act No. 38 of 2016 , s. 62, Act No. 15 of 2017 , s. 50, Act No. 10 of 2018 , s. 22, Act No. 8 of 2020 , s. 23, Act No. 7 of 2022 , s. 11, Act No. 4 of 2023 , s. 39.]
Section 13Verify source
§ 14APPEALS TO THE TRIBUNAL - 14. Exemption from the provisions ofCap. 21Provision

Proceedings of the Tribunal are exempt from the provisions of the Civil Procedure Act (Cap. 21).

Section 14. Exemption from the provisions ofCap. 21 Section The provisions of the Civil Procedure Act ( Cap. 21 ) shall not apply to the proceedings of the Tribunal.
Section 14Verify source
§ 15APPEALS TO THE TRIBUNAL - 15. Submission of material documents to theTribunalby theCommissionerProvision

The Commissioner must submit to the Tribunal a statement of facts and any other documents necessary for review; the Commissioner must serve the appellant with copies within two working days from submission; the Tribunal may require additional documents and may extend the time on written application if delay is justified.

Section 15. Submission of material documents to theTribunalby theCommissioner Section 15(1)(a) a statement of facts including the reasons for the tax decision; and Section 15(1)(b) any other document which may be necessary for review of the decision by the Tribunal . Section 15(2) The Tribunal may require the Commissioner to submit to the Tribunal additional documents that, in the opinion of the Tribunal , may be in the Commissioner ’s possession or control. Section 15(3) The Commissioner shall serve the appellant with a copy of the statement of facts and other documents required under this section within two working days from the date of submission to the Tribunal . Section 15(4) The Tribunal may, upon application in writing by the Commissioner , extend the time for submitting and serving the statement of facts and the documents referred to in this section, where it is proved to the satisfaction of the Tribunal , that the delay is not inordinate or other reasonable cause that may have prevented the Commissioner from submitting and serving the statement of facts and the documents within the specified period. [Act No. 38 of 2016 , s. 63.]
Section 15Verify source
§ 16APPEALS TO THE TRIBUNAL - 16. HearingCommencement

The Secretary to the Tribunal must notify all parties in writing or electronically of the hearing time and place at least fourteen days before the hearing; the Tribunal may accept evidence orally or by affidavit or as it directs, and may adjourn the hearing if the appellant cannot attend because of absence from Kenya, sickness, or other reasonable cause.

Section 16. Hearing Section 16(1) The Secretary to the Tribunal shall advise all parties in writing or through electronic means of the time and place of the hearing at least fourteen days before the commencement of hearing. Section 16(2) Evidence before the Tribunal may be given orally or through affidavits or in such manner as the Tribunal may direct. Section 16(3) If it is proved to the satisfaction of the Tribunal that owing to absence of the appellant from Kenya or due to sickness or any other reasonable cause, the appellant is prevented from attending or the hearing of the appeal on the date and the time fixed for hearing, the Tribunal may adjourn the hearing of the appeal for such reasonable time as it may think appropriate. [Act No. 7 of 2022 , s. 12.]
Section 16Verify source
§ 17APPEALS TO THE TRIBUNAL - 17. WitnessesProvision

The Tribunal may call any person to attend a hearing and give evidence, and may require production of any document when it believes that evidence will assist its deliberations.

Section 17. Witnesses Section The Tribunal may call any person to attend at a hearing and give evidence including production of any document if the Tribunal believes such evidence shall assist in its deliberations.
Section 17Verify source
§ 18APPEALS TO THE TRIBUNAL - 18. Order to stay or affect the implementation of the decision under reviewProvision

If an appeal against a tax decision is filed, the Tribunal may order a stay or otherwise affect the operation or implementation of the decision under review to secure the effectiveness of the proceeding and determination of the appeal.

Section 18. Order to stay or affect the implementation of the decision under review Section Where an appeal against a tax decision has been filed under this Act, the Tribunal may make an order staying or otherwise affecting the operation or implementation of the decision under review as it considers appropriate for the purposes of securing the effectiveness of the proceeding and determination of the appeal .
Section 18Verify source
§ 19APPEALS TO THE TRIBUNAL - 19. Conflict of interestOffence

Members of the Tribunal must disclose any interest in a matter before the Tribunal that could conflict with their functions; members who have declared such an interest must not take part in the proceedings except with consent of all parties; taking part in contravention is an offence.

Section 19. Conflict of interest Section 19(1) A member of the Tribunal shall disclose any interest on the matter which is the subject of proceedings that could conflict with the proper performance of the member ’s functions. Section 19(2) Except with the consent of all the parties, any member who has declared interest under this section shall not take part in the proceedings. Section 19(3) A member who takes part in the proceeding of the Tribunal in contravention of this section commits an offence.
Section 19Verify source
§ 20APPEALS TO THE TRIBUNAL - 20. Powers of theTribunalduring a proceedingProvision

Sets out powers of the Tribunal during a proceeding, including taking evidence on oath, proceeding in absence of a party with notice, adjourning hearings, receiving affidavit evidence, administering interrogations, and requesting examinations of witnesses abroad.

Section 20. Powers of theTribunalduring a proceeding Section 20(1)(a) take evidence on oath; Section 20(1)(b) proceed in the absence of a party who has reasonable notice of the proceedings; and Section 20(1)(c) adjourn the hearing of the proceedings. Section 20(2)(a) to give evidence; or Section 20(2)(b) to produce books, documents or things mentioned in the summons. Section 20(3) Where the Tribunal considers it desirable for the purposes of avoiding expenses or delay, or for any other special reason, it may receive evidence by affidavit and administer interrogations and require the persons to whom interrogations are administered to make a full and true reply to the interrogations. Section 20(4) The Tribunal shall have power to request for examination of witnesses abroad.
Section 20Verify source
§ 21APPEALS TO THE TRIBUNAL - 21. Contempt ofTribunalProvision

Insulting a member or an employee of the Tribunal in relation to the exercise of powers and functions under this Act is captured as contempt of the Tribunal.

Section 21. Contempt ofTribunal Section insults a member or an employee of the Tribunal in relation to the exercise of powers and functions under this Act; or
Section 21Verify source
§ 22APPEALS TO THE TRIBUNAL - 22. Disobedience of summons to give evidence,etc.Provision

Person who refuses or fails to attend at the time and place mentioned in a summons to give evidence is described as disobeying the summons.

Section 22. Disobedience of summons to give evidence,etc. Section refuses or fails to attend at the time and place mentioned in the summons served on him; or
Section 22Verify source
§ 23APPEALS TO THE TRIBUNAL - 23. Expert evidenceProvision

The Tribunal may engage an independent expert for proceedings and may use that expert's views in deciding an appeal; the Chairperson may determine the terms and conditions for engaging the expert.

Section 23. Expert evidence Section 23(1) The Tribunal shall have powers to engage the service of an independent expert in any proceedings as may be appropriate upon such terms and conditions as the Chairperson may determine. Section 23(2) The Tribunal may use the views of the expert referred to in subsection (1) in making decision on an appeal .
Section 23Verify source
§ 24APPEALS TO THE TRIBUNAL - 24. Procedure of theTribunalProvision

Tribunal proceedings must be judicial in nature; the Chief Justice must prescribe rules for Tribunal proceedings; the Tribunal is entitled to assistance available to a Kenyan Court.

Section 24. Procedure of theTribunal Section 24(1) The proceedings of the Tribunal shall be of a judicial nature. Section 24(2) The Chief Justice shall prescribe rules to guide proceedings of the Tribunal . Section 24(3) The Tribunal shall have such assistance in carrying out its lawful writs, processes, orders, rules, decrees or commands as is available to a Court in Kenya.
Section 24Verify source
§ 25APPEALS TO THE TRIBUNAL - 25. Representation before theTribunalProvision

An appellant may appear in person or be represented by a tax agent or an advocate of the High Court of Kenya; the Tribunal may adjourn the hearing if the appellant cannot attend due to absence from Kenya, sickness, or other reasonable cause.

Section 25. Representation before theTribunal Section 25(1) For the hearing of proceedings before the Tribunal , the appellant may appear in person or be represented by a tax agent or by an advocate of the High Court of Kenya. Section 25(2) If it is proved to the satisfaction of the Tribunal that owing to absence of the appellant from Kenya or due to sickness or any other reasonable cause, the appellant is prevented from attending, at the hearing of the appeal on the date and the time fixed for hearing, the Tribunal may adjourn the hearing of the appeal for such reasonable time as it may consider appropriate. [Act No. 38 of 2016 , s. 64, Act No. 7 of 2022 , s. 14.]
Section 25Verify source
§ 26APPEALS TO THE TRIBUNAL - 26. Opportunity to make submissions concerning evidenceProvision

Provides an opportunity to make submissions concerning evidence.

Section 26. Opportunity to make submissions concerning evidence Section present his case; and
Section 26Verify source
§ 27APPEALS TO THE TRIBUNAL - 27. Discontinuance, dismissal or reinstatement of anappealProvision

Section 27 allows an appellant to withdraw an appeal in writing or electronically; gives the Tribunal power to dismiss or uphold appeals where a party fails without reasonable cause to appear, proceed or comply; and allows the appellant or respondent to apply for reinstatement within thirty days, with the Tribunal able to reinstate and give directions.

Section 27. Discontinuance, dismissal or reinstatement of anappeal Section 27(1) An appellant may, by notice in writing or through electronic means, withdraw the appeal . Section 27(2) If an appellant fails, without reasonable cause, to appear for the hearing of the proceedings, the Tribunal may dismiss the appeal . Section 27(3) If an appellant fails without reasonable cause to proceed with the appeal or comply with a direction by the Tribunal , the Tribunal may dismiss the appeal . Section 27(4) Where the respondent without reasonable cause fails to appear for the hearing of the proceedings, the Tribunal may uphold the appeal . Section 27(5) Where the Tribunal dismisses an appeal under subsection (2) or (3), or upholds an appeal under subsection (4), the appellant or respondent may, within thirty days from the date of receipt of the notice of the decision, apply to the Tribunal for reinstatement of the appeal , and the Tribunal may, if it considers it appropriate to do so, reinstate the appeal and give such directions as may be appropriate. [Act No. 7 of 2022 , s. 15.]
Section 27Verify source
§ 28APPEALS TO THE TRIBUNAL - 28. Power of theTribunalwhere the parties reach agreementProvision

Parties may apply to the Tribunal at any stage to settle the matter outside the Tribunal; the Tribunal must grant such requests subject to conditions it imposes; parties to the appeal must report the outcome of such settlement to the Tribunal.

Section 28. Power of theTribunalwhere the parties reach agreement Section 28(1) The parties may, at any stage during proceedings, apply to the Tribunal to be allowed to settle the matter out of the Tribunal , and the Tribunal shall grant the request under such conditions as it may impose. Section 28(2) The parties to the appeal shall report to the Tribunal the outcome of settlement of the matter outside the Tribunal .
Section 28Verify source
§ 29APPEALS TO THE TRIBUNAL - 29. Decisions of theTribunalCommencement

The Tribunal must decide by majority; the Chairperson has a casting vote if votes tie. The Tribunal must give written or electronic reasons, serve copies to parties, publish decisions for public inspection, and take measures to protect trade secrets; Tribunal decisions take effect on notice and are enforceable as court decisions.

Section 29. Decisions of theTribunal Section 29(1) The decision of the Tribunal shall be by majority vote of the members present, and in the case of equality of votes, the Chairperson shall have a casting vote in addition to his deliberative vote. Section 29(2)(a) affirming the decision under review; Section 29(2)(b) varying the decision under review; or Section 29(2)(c) making a decision in substitution for the decision so set aside; or Section 29(2)(c)(i) making a decision in substitution for the decision so set aside; or Section 29(2)(c)(ii) referring the matter to the Commissioner for reconsideration in accordance with any directions or recommendations of the Tribunal . Section 29(3) The Tribunal shall give reasons in writing or through electronic means for its decision, including its findings on material questions of fact and reference to the evidence or other material on which those findings were based. Section 29(4) The Tribunal shall cause a copy of its decision, including the reasons for the decision, to be served on each party to the proceeding. Section 29(5) Subject to subsection (4), a decision of a Tribunal shall come into operation on date the notice of the decision is given or on such other date as may be specified by the Tribunal in the notice. Section 29(6) A decision of the Tribunal shall have effect as and be enforceable as if it were a decision of a court. Section 29(7) Subject to subsection (9), all decisions of the Tribunal and all evidence received by it, including a transcript of the report of the hearings, are public records open to inspection of the public. Section 29(8) Subject to subsection (9), a Tribunal shall provide for the publication of its decisions, including reasons, in such form and manner as may be adapted for public information and use, and such authorized publication is evidence of the decisions of the Tribunal in all courts of Kenya without any further proof of authentication. Section 29(9) The Tribunal shall ensure that in releasing, or allowing access to, information under subsection (7) or (8) measures are taken to prevent the disclosure of trade secrets or other confidential information. [Act No. 7 of 2022 , s. 16.]
Section 29Verify source
§ 29AAPPEALS TO THE TRIBUNAL - 29A. Review of decree or ordersProvision

An aggrieved person may apply to the Tribunal for review within seven days; the Tribunal may set aside, vary or affirm the decree or order and must state reasons within fourteen days after receipt of the application.

Section 29A. Review of decree or orders Section 29A(1) A person who is aggrieved by a decree or an order from which no appeal has been preferred from the Tribunal to the High Court, may apply for review of the decree or the order within seven days from the date the decree or order was made by the Tribunal . Section 29A(2)(a) upon the discovery of new and important matter or evidence which, after the exercise of due diligence, was not within the knowledge of the applicant or could not be produced by the applicant at the time when the decree was passed or the order was made; Section 29A(2)(b) on account of some mistake or error apparent on the face of the record; or Section 29A(2)(c) for any other sufficient reason. Section 29A(3) Upon receipt of an application for review under subsection (1), the Tribunal may, set aside, vary or affirm the decree or the order, stating reasons for review as it deems fit within fourteen days after receipt of an application. [Act No. 7 of 2022 , s. 17.]
Section 29AVerify source
§ 30APPEALS TO THE TRIBUNAL - 30. Burden of proofProvision

Section 30 is titled 'Burden of proof' and begins: 'Section where an appeal relates to an assessment, that the assessment is excessive; or'

Section 30. Burden of proof Section where an appeal relates to an assessment, that the assessment is excessive; or
Section 30Verify source
§ 31APPEALS TO THE TRIBUNAL - 31. Enforcement of orders for costsProvision

If the Tribunal awards costs, it must issue a certificate stating the amount of costs on application by the person awarded costs; that certificate may be filed in the High Court and, when filed, is deemed a High Court decree and may be executed as such.

Section 31. Enforcement of orders for costs Section 31(1) Where the Tribunal awards costs in any appeal , it shall, on application by the person to whom the costs are awarded, issue to him a certificate stating the amount of costs. Section 31(2) Every certificate issued under subsection (1) may be filed in the High Court by the person in whose favour the costs are awarded and, upon being so filed, shall be deemed to be a decree of the High Court and may be executed as such: Provided that an order for the costs against the Government shall not be enforced save in the manner provided for by the Government Proceedings Act ( Cap. 40 ).
Section 31Verify source
§ 32APPEALS TO THE TRIBUNAL - 32. Appeals to the High Court on decisions of theTribunalProvision

A party to proceedings before the Tribunal may appeal to the High Court within thirty days (or a longer period the High Court allows); the appellant must serve a copy of the notice of appeal on the other party, and a party that has appealed must within two days of lodging the notice serve a copy on the other party. The High Court shall hear such appeals in accordance with rules set out by the Chief Justice.

Section 32. Appeals to the High Court on decisions of theTribunal Section 32(1) A party to proceedings before the Tribunal may, within thirty days after being notified of the decision or within such further period as the High Court may allow, appeal to the High Court, and the party so appealing shall serve a copy of the notice of appeal on the other party. Section 32(1A) A party that has appealed against the decision of the Tribunal in subsection (1) shall within two days of lodging a notice of appeal , serve a copy of the notice on the other party. Section 32(2) The High Court shall hear appeals made under this section in accordance with rules set out by the Chief Justice. [Act No. 7 of 2022 , s. 18.]
Section 32Verify source
§ 32AAPPEALS TO THE TRIBUNAL - 32A. Filing of documentsProvision

Documents required to be in writing under this Part may be submitted either in hard copy or by electronic means.

Section 32A. Filing of documents Section Any notice, application, decision or other document that is to be made in writing under this Part may be submitted in hard copy or by electronic means. [Act No. 7 of 2022 , s. 19.]
Section 32AVerify source

Part IV

OFFENCES AND EVIDENCE

§ 33OFFENCES AND EVIDENCE - 33. OffencesOffence

Section 33 lists several offences (false statements/claims, holding out as registered when not, failing to keep required records, involvement in fraudulent tax evasion) and allows the court, upon conviction, to order forfeiture of taxable supplies or their assessed value.

Section 33. Offences Section 33(1)(a) knowingly makes any false statement, false claim for a refund, produces any false document or information, or makes any false return concerning any material particular relating to any matter under this Act; Section 33(1)(b) not being a registered person or being a person who has ceased to be a registered person, holds himself out as a registered person; Section 33(1)(c) fails to keep, retain, or maintain accounts, documents, or records as required under this Act; or Section 33(1)(d) is knowingly concerned in or involved in the taking of steps with a view to the fraudulent evasion of tax by him or by any other person, Section 33(2) Where a person is convicted of an offence under this section, the court may, in addition to any penalty which may be imposed, order the forfeiture of any taxable supplies which have passed in connection with the commission of the offence or, if the taxable supplies cannot be forfeited or cannot be found, of such sum as the court shall assess as the value of the taxable supplies.
Section 33Verify source
§ 34OFFENCES AND EVIDENCE - 34. Liability of employers and officers of corporate bodiesOffence

Employers and corporate officers can be held guilty for offences committed by employees, agents, or the body corporate unless they prove lack of knowledge or that they took all reasonable steps or diligence to prevent the offence.

Section 34. Liability of employers and officers of corporate bodies Section 34(1) Where any offence under this Act is committed by an employee or agent, the person by whom that employee or agent is employed shall also be guilty of the offence unless he proves to the satisfaction of the court that he did not know, and could not reasonably be expected to know, that the act or omission constituting the offence was taking place, or that he took all reasonable steps to ensure that the offence was not committed. Section 34(2) Where an offence under this Act is committed by a body corporate, every person who, at the time of the commission of the offence, was a director, general manager, secretary, or other similar officer of the body corporate, or was acting or purporting to act in that capacity, shall also be guilty of the offence, unless he proves that the offence was committed without his consent or knowledge or that he exercised all the diligence to prevent the commission of the offence that he ought to have exercised, having regard to the nature of his functions in that capacity and in all circumstances.
Section 34Verify source
§ 35OFFENCES AND EVIDENCE - 35. Protection of officersOffence

Actions done or omitted wilfully or dishonestly by such officer.

Section 35. Protection of officers Section done or omitted to be done wilfully or dishonestly by such officer;
Section 35Verify source
§ 36OFFENCES AND EVIDENCE - 36. Disclosure of informationOffence

The Chairperson may disclose information to a government revenue or statistical department employee when needed for that person's official duties and solely for revenue or statistical purposes.

Section 36. Disclosure of information Section 36(1)(a) in the normal performance of his functions under this Act; or Section 36(1)(b) in the course of any proceedings in a court or the Tribunal ; or Section 36(1)(c) with the express permission of the Chairperson , Section 36(2) Notwithstanding any other provision of this Act, the Chairperson may disclose information to a person in the services of the Government in a revenue or statistical department where the information is needed for the purposes of the official duties of that person solely for revenue or statistical purposes. [Act No. 7 of 2022 , s. 21.]
Section 36Verify source
§ 37OFFENCES AND EVIDENCE - 37. General penaltyOffence

A person convicted of an offence under this Act for which no other penalty is provided is liable to a fine not exceeding five hundred thousand shillings, or to imprisonment for a term not exceeding three years, or to both.

Section 37. General penalty Section A person convicted of an offence under this Act for which no other penalty is provided shall be liable to a fine not exceeding five hundred thousand shillings, or to imprisonment for a term not exceeding three years, or to both.
Section 37Verify source
§ 38OFFENCES AND EVIDENCE - 38. EvidenceOffence

A certificate from the Commissioner stating an amount is due is conclusive evidence that the amount is due and payable from that person.

Section 38. Evidence Section other than upon an appeal , a certificate from the Commissioner stating that any amount is due from any person by way of tax , or other liability under this Act, shall be conclusive evidence that the amount is due and payable from that person;
Section 38Verify source
§ 39OFFENCES AND EVIDENCE - 39. Power of sentenceOffence

If a person is convicted under this Act by a court of competent jurisdiction presided over by a resident magistrate, the court may impose the maximum sentence prescribed by this Act for that offence.

Section 39. Power of sentence Section Where any person is convicted of an offence under this Act by a court of competent jurisdiction presided over by a resident magistrate, the court may, notwithstanding the provisions of section 7 of the Criminal Procedure Code ( Cap. 75 ) impose the maximum sentence prescribed by this Act for the offence.
Section 39Verify source
§ 40OFFENCES AND EVIDENCE - 40. Power of officers to prosecuteOffence

An authorised officer may, with the approval of the Director of Public Prosecution, appear and prosecute before a subordinate court for an offence under this Act.

Section 40. Power of officers to prosecute Section An authorised officer may with the approval of the Director of Public Prosecution appear and prosecute in a prosecution before a subordinate court for an offence under this Act.
Section 40Verify source

Part V

CONSEQUENTIAL AMENDMENTS AND SAVINGS

§ 43CONSEQUENTIAL AMENDMENTS AND SAVINGS - 43.[Repealed by ActNo. 38 of 2016, s. 65.]Repeal

Section 43 has been repealed.

Section 43.[Repealed by ActNo. 38 of 2016, s. 65.]
Section 43Verify source
§ 44CONSEQUENTIAL AMENDMENTS AND SAVINGS - 44. Saving provisionsCommencement

Section 44 preserves existing tax appeal bodies and sets transitional arrangements for appeals, membership and staff of the Tribunal.

Section 44. Saving provisions Section 44(1) Despite the provisions of sections 41 , sections 42 and sections 43 , any Tribunal or appeal committee established by any tax law or regulations made thereunder before the coming into effect of this Act shall continue to hear and conclude any appeals filed by a taxpayer for a period of ninety days after the commencement of this Act. Section 44(2) Any appeals referred to in subsection (1) which are not concluded within the period specified, shall be taken over by the Tribunal . Section 44(3) The Tribunal shall hear and determine appeals relating to tax decision made before its first sitting (if it was not concluded by the appeal mechanism that existed before the establishment of the Tribunal ) within a period of one year from the date of the first sitting. Section 44(4) The Chairperson and the other members of the Tribunal appointed before the commencement of this Act shall continue to hold office for the unexpired duration of their term as if they have been appointed under section 4 . Section 44(5) The Secretary and the other staff serving the Tribunal before commencement of this Act shall continue to hold office until the Commission ("the Judicial Service Commission established under Article 171 of the Constitution;") appoints the staff of the Tribunal . [Act No. 14 of 2015 , s. 62, Act No. 7 of 2022 , s. 22.]
Section 44Verify source

Legislative relationships

8 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

1 instrument

  • Criminal Procedure Code

    Section 39

N–S

1 instrument

  • Public Prosecution appear and prosecute in a prosecution before a subordinate court for an offence under this Act

    Section 40

T–Z

6 instruments

  • Tax Procedures Act

    Section 13
  • Tribunal appointed before the commencement of this Act

    Section 44
  • Tribunal are exempt from the provisions of the Civil Procedure Act

    Section 14
  • Tribunal in relation to the exercise of powers and functions under this Act

    Section 21
  • Tribunal shall be recruited and appointed in accordance with the Third Schedule to the Judicial Service Act

    Section 4B
  • Tribunal under the Act

    Section 7

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  • 1 Jul 2023 · currentEnglish

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