Beta Healthcare International Limited v Commissioner of Customs Services, Kenya Revenue Authority,Attorney General [2013] KEHC 6484 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI LAW COURTS

CONSTITUTIONAL AND HUMAN RIGHTS DIVISION

PETITION NO. 125 OF 2010

BETWEEN

BETA HEALTHCARE

INTERNATIONAL LIMITED..........................................PETITIONER

AND

COMMISSIONER OF CUSTOMS SERVICES......1ST RESPONDENT

KENYA REVENUE AUTHORITY .........................2ND RESPONDENT

THE ATTORNEY GENERAL ................................3RD RESPONDENT

RULING

The appellant is entitled to appeal as of right and in order to safeguard the said right, I grant orders of stay on the following terms;

There shall be a stay of enforcement of taxes due for a period of 14 days only to enable the petitioner lodge a formal application in the Court of Appeal.

Failing compliance with (1) above, the order of stay shall lapse without a further order of the court.

DATED and DELIVERED at NAIROBI this 13th day of August 2013

D.S. MAJANJA

JUDGE