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EYEY

Kenya Court of Appeal upholds decision of the High Court of Kenya and declares minimum tax unconstitutional

|Tax Alerts, Legislation & Policy, National/Federal Taxation|Kenya
Kenya
  • In this case, the Appellant had appealed the decision of the High Court of Kenya that had declared minimum tax unconstitutional.

  • The Court of Appeal upheld the decision made by the High Court of Kenya.

  • The ruling implies that minimum tax is null and void and can only be reinstated through an Act of Parliament after taking into consideration the findings made by the Courts.

Executive summary

On 2 December 2022, Kenya’s Court of Appeal held that Section 12D of the Income Tax Act (Minimum Tax) as intr…

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