The High Court, in a ruling delivered on 16 July 2020, found in favour of AKI and granted conservatory orders pending hearing and determination of the main petition. The High Court noted that:
- AKI presented an arguable case as to whether they were granted an adequate opportunity for public participation and whether the period provided for public participation was sufficient;
- Failure to grant the conservatory orders would prejudice AKI members as they would have already paid the VAT and would not be able to get it back; and
- Granting the conservatory orders protects AKI’s members’ constitutional rights under Articles 27 and 40 of the Constitution of Kenya, 2010.
Source: africalegalnetwork.com
