Man writes to CJ over 13-year case de­lay

Daily Nation (Kenya) - - 9 - BY WANJOHI GITHAE

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A de­jected lit­i­gant has once more writ­ten to Chief Jus­tice David Maraga and Ju­di­cial Ser­vice Com­mis­sion months af­ter he made a sim­i­lar com­plaint over a 13-year de­lay to get jus­tice.

Mr Phillip Wishaminya had in Fe­bru­ary writ­ten to the Chief Jus­tice af­ter Lady Jus­tice Farah Amin de­layed a judg­ment in a case in which his com­pany, Speed­man Com­mer­cial Agencies, sued Kenya Rev­enue Au­thor­ity in March 2006.

In March 2015, the judge had promised to de­liver the judg­ment in three weeks but, three years later, there is no word from her.

“Jus­tice Farah Amin was trans­ferred to the En­vi­ron­ment and Fam­ily Di­vi­sion (sic) be­fore de­liv­ery of this pend­ing rul­ing. She has sub­se­quently been trans­ferred to head Voi. We would like the rul­ing to be de­liv­ered by Jus­tice Amin with­out fur­ther de­lay,” said Mr Wishaminya in his let­ter to JSC and the CJ dated De­cem­ber 4.

When he wrote in Fe­bru­ary, the pre­sid­ing judge of the Com­mer­cial and Tax Di­vi­sion Mary Kasango said in her re­ply that she had com­mu­ni­cated with Jus­tice Amin and promised to con­tact Mr Wishaminya in due course. This has not ma­te­ri­alised to date.

The is­sue em­anates from a judg­ment de­liv­ered by Jus­tice Rose­lyn Wen­doh which di­rected Kenya Rev­enue Au­thor­ity to col­lect Sh2.4 bil­lion as tax from Kingsway Tyres and Auto Mart Lim­ited.

In 2004, KRA had con­tracted Speed­man agencies to at­tach the prop­erty of Kingsway Tyres and Auto Mart for un­paid taxes, an in­struc­tion he car­ried out. But on the eve of auc­tion­ing the prop­erty, KRA re­called the in­struc­tions but they never paid for the ser­vices.

A pro­tracted court bat­tle saw Jus­tice Wen­doh con­clude that Kingsway Tyres and Auto Mart Lim­ited were yet to pay the out­stand­ing amount of Sh2.4 bil­lion and KRA was asked by the court to col­lect the amount.

Con­se­quently when the mat­ter was sent to tax­a­tion, a deputy reg­is­trar of the high court awarded Speed­man Sh165,000 and not three per cent of the tax owed, which amounted to Sh62 mil­lion, as the law states.

It is this award that Speed­man agencies moved to the High Court to chal­lenge be­fore Jus­tice Amin. He be­lieves he is owed Sh62 mil­lion plus in­ter­est.

KRA has al­ways in­sisted it can­not pay Speed­man be­cause Kingsway Tyres and Auto Mart are yet to pay the out­stand­ing tax.

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