Description

Petition challenging constitutionality of betting-related taxes was filed to High Court of Kenya

On 21 August 2023, a petition was filed in the High Court of Kenya at Kakamega challenging the enactment and implementation of Paragraph 4A of Part II of the First Schedule to the Excise Duty Act, 2015, as amended by the Finance Act, 2023, which imposes a 12.5 % excise duty on the amount staked by persons participating in betting activities, alongside an existing 20% withholding tax on winnings, on grounds of alleged unconstitutionality, discrimination under Article 27 of the Constitution, and double taxation.

Original source

Scope

Policy Area
Taxation
Policy Instrument
Indirect taxes
Regulated Economic Activity
other service provider
Implementation Level
national
Government Branch
judiciary
Government Body
court

Complete timeline of this policy change

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2023-08-21
under deliberation

On 21 August 2023, a petition was filed in the High Court of Kenya at Kakamega challenging the enac…

2025-08-14
in force

On 14 August 2025, the High Court delivered a judgment dismissing a petition challenging the enactm…