Candy Kenya Ltd & 7 others (All suing as members of the Confectionary Division of Kenya Association of Manufacturers) v Attorney General & 2 others; Kenya Revenue Authority (Interested Party) [2023] KEHC 18302 (KLR)

Candy Kenya Ltd & 7 others (All suing as members of the Confectionary Division of Kenya Association of Manufacturers) v Attorney General & 2 others; Kenya Revenue Authority (Interested Party) (Constitutional Petition 231 of 2018) [2023] KEHC 18302 (KLR) (Constitutional and Human Rights) (30 May 2023) (Order)

Neutral citation: [2023] KEHC 18302 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Constitutional and Human Rights

Constitutional Petition 231 of 2018

AC Mrima, J

May 30, 2023

Between

Candy Kenya Ltd

1st Petitioner

Kenafric Industries Ltd

2nd Petitioner

Kenya Sweets Ltd

3rd Petitioner

Patco Industries Ltd

4th Petitioner

Mzuri Sweets Ltd

5th Petitioner

Veeral Shah Super Sweets Ltd

6th Petitioner

Rok Industries Ltd

7th Petitioner

Sweets ‘R’ Us Ltd

8th Petitioner

All suing as members of the Confectionary Division of Kenya Association of Manufacturers

and

Attorney General

1st Respondent

Cabinet Secretary National Treasury

2nd Respondent

National Assembly

3rd Respondent

and

Kenya Revenue Authority

Interested Party

Order

Background: 1. This matter is scheduled for judgment.

2. The Petition challenges the constitutionality of Section 31 of the Finance Bill, 2018 on inter alia failure to undertake public participation.

3. I have gone through both the physical file as well as the electronic file in the Court Tracking System (CTS) and did not find the 3rd Respondent’s Replying Affidavit allegedly sworn by one Michael Sialai on 27th July, 2018.

4. Given the centrality of the issue of public participation in the Petition, it is of paramount importance that this Court looks at the said Replying Affidavit.

5. As a result, the following orders hereby issue: -a.The 3rd Respondent herein, The National Assembly, shall forward a copy of the Replying Affidavit allegedly sworn by one Michael Sialai on 27th July, 2018 together with the annextures thereto to the Hon. Deputy Registrar. The 3rd Respondent shall, as well, upload another set thereof unto the Court Tracking System (CTS).b.This matter shall be placed before the Presiding Judge for further proceedings.Orders accordingly.

DELIVERED, DATED AND SIGNED AT KITALE THIS 30TH DAY OF MAY, 2023. A. C. MRIMAJUDGE