REPUBLIC v KENYA REVENUE AUTHORITY EXPARTE ALLTEX EPZ LIMITED [2012] KEHC 2319 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI LAW COURTS)

Miscellaneous Civil Application 709 of 2008

between

REPUBLIC ...................................................................APPLICANT

AND

KENYA REVENUE AUTHORITY ..........................RESPONDENT

EXPARTE

ALLTEX EPZ LIMITED

RULING

This matter was filed in the year 2008 and the ex-parte applicant obtained interim orders to stop the demand by the Kenya Revenue Authority of a security bond.

When the matter came up before me on 26th July 2012, I directed the applicant to show that that bond was still in place as it continued to benefit from the interim stay orders. On 31st July 2007, I ordered that this matter would stand dismissed if evidence of the bond being in force was not shown before the court today, 17th September 2012.

The ex-parte applicant has had a period of at least one and a half month to comply with my order yet it has not done so. Mr Muchiri, counsel for the applicants, states that he now wishes to contact his client and requires this Court to grant fourteen days for him to do so.

The well of patience of this Court runs deep but I do not think a good or sufficient reason has been preferred by the applicant to taste the waters from my well. I shall however extend the time for compliance with my order until 21st September 2012 when the matter shall be mentioned.

D.S. MAJANJA

JUDGE

17. 9.2012

ORDER– Ruling read in open court.

D.S. MAJANJA

JUDGE

17. 9.2012