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Legitimate Expectation

Ecobank Kenya Limited vs. Commissioner of Domestic Taxes [2012] eKLR where Judge E.K.O Ogola held as follows.

“In the English decision of Council Of Civil Services Unions V Minister For Civil Service 1985 AC 374 Lord Fraser stated as follows: - “A legitimate expectation may arise -either from an express promise given on behalf of a public authority or from the existence of a regular practice which the claimant can reasonably expect to continue.”

Lewa Wildlife Conservancy vs. Commissioner of Domestic Taxes, in which the High court held that:-

“the legitimate expectation in this case was so strongly grounded that it established an economic right in the form of the VAT not charged to the visitors, KRA created a legitimate expectation by the interpretation of the legal provision and therefore KRA could not be allowed to renege.”

Kenya Revenue Authority & another v Republic (Ex parte) Kenya Nut Company Limited [2020] eKLR when it stated as follows;

“It has long been established that legitimate expectation can only operate within the law and it can only be relied on when the law has been complied with."

Resource Information
Author
Firu
Category
Commentaries, Tax Procedures Act
Firu Africa

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