County government of Kisii has been petitioned by two members of the Kisii business community who have requested the court to suspend the operations of the Kisii County finance act 2018 and the rules made there under.
The two who are Dennis Ogero Sironga and Bernard Obwoge Ondari petitioned the Kisii County Government over alleged failure to create county courts for petty offenders in conflict with the law and the finance Act 2018.
The two moved to court to seek orders that pending hearing and determination of their application an order of injunction restraining the respondents by their agents, servants, assignees and or employees from double charging, collecting revenue and interfering with the applicants and other members of the business community from carrying out their businesses in Kisii County.
The injunction they seek they say should be held until essential services of clean toilets, sufficient matatu terminals for different routes, bodaboda sheds, market stalls and sheds, clean water, waste disposal and other amenities have been provided.
In the matter filled on a certificate of urgency by the petitioners’ advocate Gideon Nyambati at the Kisii Law Courts on September 18, 2018, the applicants allege that the respondents; County Government and County Secretary have failed, refused and or neglected to address the constitutional rights of the applicants on the provision of essential services irrespective of payment of revenue.
“The applicants and the business community have been forced to work from very untidy and unconducive environment and subjected into double payment of tax inform of revenue,” reads part of the petition.
In the petitioners, the two say they will rely on; receipts for payment of stickers. receipts for daily payments, Photographs of road blocks in undesignated areas, photographs of raw sewer and uncollected garbage, the finance Act 2018 and rules made there under.
They allege that the respondents have violated the constitution by discriminating the business community contrary to Article 27 of the constitution in imposition of tax inform of revenue collection.
The two further allege that certain sections of the finance Act 2018 are a copy paste from the previous finance Acts and therefore irregular and unconstitutional.
“Revenue collection in Kisii county is levied by the respondents as provided for under article 209 of the constitution of Kenya 2010 and the finance Act of every respective financial year and in return the respondents have the duty and responsibilities to render certain essential services to the people of Kisii county as listed in the county business finance Act 2018.”
In their supporting affidavit signed by Obwoge, the applicants accuse the devolved unit that while matatu industry has an option to either pay tax by opting for monthly stickers ranging from Sh2, 500 up wards depending on the capacity or on daily and routine payments of Sh60 per trip, the respondents have resorted into compelling people in the matatu industry to pay for both the sticker and on daily basis contrary to the law.