The application before the court is dated 06th December 2021 and is for stay of execution and or enforcement of taxes pending appeal from the decision of the Tax Appeal Tribunal by the Appellant. The only issue for consideration is the nature and extent of the security to be ordered bearing in mind that the Tribunal has given a valid judgment. The Appellant has offered to give KES. 1,000,000.00 security. The Respondent feels that this is too low given that KES. 23,000,000.00 is the tax adjudged to be due.
Having considered the circumstances of the case, I allow the application and orders as follows:
1. There shall be a stay of execution or further enforcement of the taxes on condition that the Appellant shall provide a Bank Guarantee of KES. 1,500,000.00 from a reputable bank within 30 days from the date hereof in default the stay shall stand discharged.
2. Mention on 27th January 2022 for directions and further orders on the appeal.
3. Costs of the application in the cause.
DATED and DELIVERED at NAIROBI this 10th day of DECEMBER 2021
D. S. MAJANJA
JUDGE