30 December 2009
Nairobi — A non-governmental organisation has moved to compel Finance minister Uhuru Kenyatta to constitute an appeals tribunal to handle customs valuation disputes.
Public Corruption, Ethics and Governance, accuses Mr Kenyatta of failing to gazette the tribunal even though an Act of Parliament providing for its establishment was passed in 2000.
Through its chairman Charles Mwangi, the NGO alleges that failure to constitute the tribunal to hear disputes arising from valuation of imports had disenfranchised Kenyans who generate revenues in form of customs duties.
Mr Mwangi further says the absence of a tribunal has deprived importers and the public a forum to refer custom valuation disputes.
He says the failure to constitute the tribunal was illegal, neglect of constitutional and statutory duty and against rules of natural justice.
"Kenya is a signatory of the General Agreement on Tariffs and Trade, which has domesticated international law on valuation of imports to provide for a mechanism to settle disputes respecting valuation of imports," Mr Mwangi says in a sworn statement.
The tribunal, he adds, would hear appeals under section 127(b) of the Customs and Excise Act. Sued alongside the Finance minister is Attorney General Amos Wako, who is accused of failing to advise Mr Kenyatta on the requirement to constitute the tribunal.
Mr Mwangi says in his budget of 2009/2010, Mr Kenyatta failed to state any intentions of the appeals tribunal in the near future yet spelt out his overview of the proposed tax policy measures.