This is the version of this Act as it was from 1 January 2018 to 30 September 2018. Read the latest available version.
Tax Appeals Tribunal Act
Related documents
- Is amended by 24th Annual Supplement
- Is amended by Finance Act, 2023
- Amends Income Tax Act

LAWS OF KENYA
TAX APPEALS TRIBUNAL ACT
CAP. 469A
- Published in Kenya Gazette Vol. CXV—No. 170 on 6 December 2013
- Assented to on 27 November 2013
- Commenced on 1 April 2015 by Tax Appeals Tribunal Act Commencement
- [Amended by Finance Act, 2015 (Act No. 14 of 2015) on 1 October 2015]
- [Amended by Finance Act, 2016 (Act No. 38 of 2016) on 1 January 2017]
- [Amended by Finance Act, 2017 (Act No. 15 of 2017) on 1 January 2018]
Part I – PRELIMINARY
1. Short title and commencement
This Act may be cited as the Tax Appeals Tribunal Act, 2013 and shall come into operation on such date the Cabinet Secretary may, by notice in the Gazette, appoint.2. Interpretation
In this Act, unless the context otherwise requires—“appeal” means an appeal to the Tribunal against a decision of the Commissioner under any of the tax laws;“Cabinet Secretary” means the Cabinet Secretary responsible for matters relating to finance;“Chairperson” means the Chairperson of the Tribunal appointed under section 4;“Commissioner” means the Commissioner appointed under Kenya Revenue Authority Act;“member” means a member of the Tribunal appointed under section 4;“Secretary” means the Secretary of the Tribunal appointed under section 7;“tax” includes duty, tax or any imposition levied under any tax law;“tax agent” means a person acting on behalf of another person on matters relating to tax and is registered as such by the Commissioner;“tax law” means—(a)the Income Tax Act (Cap. 470);(b)the Customs and Excise Act (Cap. 472); or(c)the Value Added Tax (Cap. 476);(d)the East African Community Customs Management Act, 2004;(e)any other tax legislation administered by the Commissioner;“Tribunal” means the Tax Appeals Tribunal established under section 3.Part II – ESTABLISHMENT OF TAX APPEALS TRIBUNAL
3. Establishment of the Tribunal
There is established a Tribunal to be known as the Tax Appeals Tribunal to hear appeals filed against any tax decision made by the Commissioner.4. Membership of the Tribunal
5. Tenure of office
6. Oath of office
A person appointed as the Chairperson or a member of the Tribunal shall, before assuming office, take or subscribe to the oath or affirmation set out in the Schedule before the Chief Registrar of the Judiciary.7. Secretary to the Tribunal
8. Expenses and payment of allowances
9. Arrangement of business
10. Constitution of a panel
11. Clerk of the panel
Part III – APPEALS TO THE TRIBUNAL
12. Appeals to the Tribunal
A person who disputes the decision of the Commissioner on any matter arising under the provisions of any tax law may, subject to the provisions of the relevant tax law, upon giving notice in writing to the Commissioner, appeal to the Tribunal,Provided that such person shall before appealing, pay a non-refundable fee of twenty thousand shillings.13. Procedure for appeal
14. Exemption from the provisions of Cap. 21
The provisions of the Civil Procedure Act (Cap. 21) shall not apply to the proceedings of the Tribunal.15. Submission of material documents to the Tribunal by the Commissioner
16. Hearing
17. Witnesses
The Tribunal may call any person to attend at a hearing and give evidence including production of any document if the Tribunal believes such evidence shall assist in its deliberations.18. Order to stay or affect the implementation of the decision under review
Where an appeal against a tax decision has been filed under this Act, the Tribunal may make an order staying or otherwise affecting the operation or implementation of the decision under review as it considers appropriate for the purposes of securing the effectiveness of the proceeding and determination of the appeal.19. Conflict of interest
20. Powers of the Tribunal during a proceeding
21. Contempt of Tribunal
Any person who—22. Disobedience of summons to give evidence, etc.
Any person summoned by the Tribunal to attend and give evidence or to produce any records, books of account, statements, or other documents, whether in electronic form or otherwise, or who is required to answer interrogatories, and who without sufficient cause—23. Expert evidence
24. Procedure of the Tribunal
25. Representation before the Tribunal
26. Opportunity to make submissions concerning evidence
The Tribunal shall ensure that every party to proceedings is given a reasonable opportunity to—27. Discontinuance, dismissal or reinstatement of an appeal
28. Power of the Tribunal where the parties reach agreement
29. Decisions of the Tribunal
30. Burden of proof
In a proceeding before the Tribunal, the appellant has the burden of proving—31. Enforcement of orders for costs
32. Appeals to the High Court on decisions of the Tribunal
Part IV – OFFENCES AND EVIDENCE
33. Offences
34. Liability of employers and officers of corporate bodies
35. Protection of officers
No officer shall be personally liable for any act or omission done or omitted to be done in the performance of his functions under this Act unless, having regard to the circumstances of the case, such act or omission is found to be—36. Disclosure of information
37. General penalty
A person convicted of an offence under this Act for which no other penalty is provided shall be liable to a fine not exceeding five hundred thousand shillings, or to imprisonment for a term not exceeding three years, or to both.38. Evidence
In any proceedings, whether criminal or civil, under this Act—39. Power of sentence
Where any person is convicted of an offence under this Act by a court of competent jurisdiction presided over by a resident magistrate, the court may, notwithstanding the provisions of section 7 of the Criminal Procedure Code, (Cap. 75) impose the maximum sentence prescribed by this Act for the offence.40. Power of officers to prosecute
An authorised officer may with the approval of the Director of Public Prosecution appear and prosecute in a prosecution before a subordinate court for an offence under this Act.Part V – CONSEQUENTIAL AMENDMENTS AND SAVINGS
41. Repeal of section 127E of Cap. 472
The Customs and Excise Act (Cap. 472) is amended by repealing section 127E.42. Repeal of sections 82 and 83 of Cap. 470
The Income Tax Act (Cap. 470) is amended as follows—43. Repealed
Repealed by Act No. 38 of 2016, s. 65.44. Saving provisions
History of this document
01 July 2023
Amended by
Finance Act, 2023
Read this version
31 December 2022
Revised by
24th Annual Supplement
Read this version
21 March 2022
30 June 2020
Amended by
Finance Act, 2020
Read this version
01 October 2018
Amended by
Finance Act, 2018
Read this version
01 January 2018 this version
Amended by
Finance Act, 2017
01 January 2017
Amended by
Finance Act, 2016
Read this version
01 October 2015
Amended by
Finance Act, 2015
Read this version
01 April 2015
Commenced by
Tax Appeals Tribunal Act Commencement
06 December 2013
27 November 2013
Assented to
Cited documents 5
Act 5
1. | Civil Procedure Act | 23670 citations |
2. | Tax Procedures Act | 1461 citations |
3. | Income Tax Act | 868 citations |
4. | Public Finance Management Act | 765 citations |
5. | Judicial Service Act | 287 citations |
Documents citing this one 988
Judgment 963
Bill 9
Gazette 6
Bench Bulletin 4
1. | Bench Bulletin - Issue 42 | |
2. | Bench Bulletin - Issue 43 | |
3. | Bench Bulletin - Issue 51 | |
4. | Bench Bulletin - Issue 57 |
Act 3
1. | Tax Procedures Act | 1461 citations |
2. | Income Tax Act | 868 citations |
3. | Statutory Instruments Act | 241 citations |
Legal Notice 3
1. | The Tax Appeals Tribunal (Procedure) Rules | 19 citations |
2. | The Income Tax (Charitable Organisations and Donations Exemption) Rules, 2024 | |
3. | The Tax Procedures (Tax Agents) Regulations |
Subsidiary legislation
Title
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The Tax Appeals Tribunal (Procedure) Rules | Legal Notice 227 of 2015 |
The Tax Appeals Tribunal (Appeals to The High Court) Rules | Legal Notice 226 of 2015 |