Last weekend, a similar scenario played out when the new tax was meant to start while an amendment pushing for its postponement was pending before the President, a situation that led to anxiety among oil marketers.

They had to wait until Saturday evening for price guidance from the commission.

Mr Amondi of Amondi and Company Advocates said he may file contempt of court proceedings against ERC and Treasury on Monday even as his clients wait for Wednesday when the case will be mentioned and directions given.

“Photocopies would have been enough because the whole concept of serving a court order is for the purpose of knowledge,” the lawyer said.

“We may institute contempt of court proceedings. The commission should have given a notice to the marketers to stop them from charging high prices the moment the courts squashed the VAT, unless another order revising this one had been obtained.”


The meeting of the ERC legal team at Treasury building, according to an inside source, was reviewing the legal options available to keep the status quo.

The options include making applications on Wednesday when the matter comes for hearing and appealing the order.

Treasury Cabinet Secretary Henry Rotich - who moved quickly last Friday directing the Kenya Revenue Authority and the commission to effect the levy, did not respond to text messages or calls from the Nation on Friday.

The Cabinet Secretary, National Assembly Speaker Justin Muturi and lawmakers failed to agree on the way out of the tax stalemate on Thursday, with the clock ticking on the presidential assent window of 14 days.

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