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In May 2023, we released a legal alert analysing the Finance Bill, 2023 and its proposed implications. The Bill underwent significant public participation and a contentious Parliamentary debate.
It was ultimately enacted as the Finance Act, 2023, receiving Presidential assent on 26 June 2023. The Act includes provisions that were expected to take effect on 1 July 2023, 1 September 2023, and 1 January 2024.
However, on 30 June 2023, just one day before most of the legislative changes were set to take effect, the High Court granted conservatory orders delaying the implementation of the Act until 5 July 2023. This means that until the High Court provides further directions after its hearing on 5 July 2023, the Kenya Revenue Authority is prohibited from implementing the Act’s provisions that were initially scheduled to take effect on 1 July 2023.
The Act introduces tax measures that are aimed at expanding the taxes collected by the Government of Kenya, against the backdrop of fiscal pressure in the currently prevailing economic circumstances. It makes a raft of amendments to tax-related laws in Kenya, including the Income Tax Act (Chapter 470, Laws of Kenya), the Value Added Tax Act, 2013, the Tax Procedures Act, 2015, the Miscellaneous Fees and Levies Act, 2016 and the Excise Duty Act, 2015 amongst others.
Please note that this alert provides a summary of the changes set out in the Act. It does not fully analyse the changes, nor does it fully describe their impact on any particular set of circumstances or group of persons. If you believe that any aspects discussed here apply to your circumstances, we advise seeking specific tax advice.
Click here to download the snapshot of the key tax changes under the Finance Act, 2023.
1. Dennis Chiruba – Senior Associate
2. Priscilla Githinji – Principal Associate
3. Salma Khamala – Principal Associate
4. Robert Mabwa – Associate
5. Daisy Mwangi – Associate
6. Faith Siteyia – Associate
7. Muna Abdullahi – Associate
8. Dhruv Shah – Associate
9. Abdullahi Ali – Associate