Man writes to CJ over 13-year case delay
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.