Inviting car importers to Public Participation: Review of the case of Car Importers Association of Kenya v Kenya Revenue Authority and 3 Others (2019) eKLR
The case of Car Importers Association of Kenya v Kenya Revenue Authority and 3 Others (2019) eKLR highlights the importance of public participation in governance, particularly in the formulation of policies and regulations that affect the public at large.
The case was filed in 2018 by the Car Importers Association of Kenya (Petitioner) against the Kenya Revenue Authority, Commissioner, Customs and Border Control Department, Kenya Revenue Authority, Chief Manager, Value and Tariff, Customs Service Department, Kenya Revenue Authority , and Kenya Ports Authority.
The Petitioner challenged the method used by the Kenya Revenue Authority (KRA) to calculate import duty on second-hand vehicles, which was based on the Current Retail Selling Price (CRSP) method.
The court emphasized the importance of public participation in the formulation of policies and regulations, holding that the importation of motor vehicles affects the public at large and that stakeholders, including the Car Importers Association of Kenya, should have been involved in the formulation of the CRSP values.
The court noted that public participation is a constitutional imperative that requires the public, or that section of the public that would be affected by a policy implementation, to be involved in the formulation of that policy. However, the court dismissed the petition, citing the need for legislative action rather than judicial intervention.
This decision highlights the limitations of judicial review in addressing public policy issues and the importance of legislative action in ensuring that public policies are fair and inclusive.
Recently, the Kenya Revenue Authority (KRA) announced a public participation exercise to obtain views on the Free on Board (FOB) values for used motor vehicles before implementing a new motor vehicle valuation database.
This exercise is a crucial step in ensuring that the valuation process is fair, transparent, and inclusive. It provides an opportunity for stakeholders to contribute to the development of a new motor vehicle valuation database and to ensure that the FOB values for used motor vehicles are accurately determined.
This invitation to public participation exercise by KRA is a positive step towards ensuring that the valuation process is fair, transparent, and inclusive.
We would like to inform the public that we are conducting a public participation exercise to obtain views on the Free on Board (FOB) values for used motor vehicles before implementing a new motor vehicle valuation database.
You are encouraged to send your submissions and feedback to the Commissioner of Customs & Border Control, Kenya Revenue Authority, PO Box 48240-00100, Nairobi, or by email to valuation@kra.go.ke and tradefacilitation@kra.go.ke by 15th June 2024.
For clarification or further assistance, please contact our Valuation Office at Tel: 0709013071 or 0709017137, or Email: valuation@kra.go.ke