A Kenyan High Court has ruled that presidential advisers, including David Ndii, can attend Cabinet meetings, dismissing a petition that sought to block their presence. Justice Lawrence Mugambi stated that President William Ruto has the discretion to invite experts for advisory purposes, emphasizing that no laws prevent this.

• Justice Mugambi clarified that while advisors can be invited, their permanent attendance would contravene the Constitution.
• The petition, filed on July 3, 2023, by Walter Dzuya, aimed to bar David Ndii, Cleophas Malala, Monica Juma, and Harriette Chiggai from attending the meetings.
• The petitioner argued that their inclusion was unconstitutional as they were not Cabinet Secretaries as per Article 152 of the Constitution, which limits Cabinet members to the President, Deputy President, Attorney General, and between 14 and 22 Cabinet Secretaries.

The Kakamega High Court has dismissed a petition challenging a 12.5% excise duty on amounts staked in betting activities, ruling it does not constitute double taxation. This decision allows the implementation of the tax, which a petitioner argued was discriminatory.

• The court ruled that the 12.5% excise duty on stakes and the 20% withholding tax on winnings are distinct, with the excise duty levied on punters and the withholding tax on betting companies via winnings.
• Petitioner Edward Okwama claimed the excise duty amounted to double taxation and violated Article 27 of the Constitution.
• Justice Stephen Mbungi found that the contested clauses of the Excise Duty Act, 2015, as amended by the Finance Act, 2023, did not violate the Constitution.
• This ruling follows closely on the heels of the signing of the Gambling Control Bill 2023 by President William Ruto on August 7, which sets a minimum bet amount of Ksh20.

The High Court in Kakamega has upheld the legality of additional taxes on betting stakes and winnings in Kenya, dismissing a petition that argued these levies constituted double taxation and violated the Constitution. The ruling affirms the government's authority to tax betting activities for revenue generation and industry regulation.

• A 12.5 per cent excise duty on amounts wagered and a 20 per cent withholding tax on winnings were deemed distinct by Justice Stephen Mbungi, applying to different taxable events.
• The petition, filed by Edward Okwama, named Milestone Gaming Limited, Standard Global East Africa Limited, the Kenya Revenue Authority (KRA), and the National Assembly among respondents.
• The court ruled that betting is a voluntary activity, and the taxes were lawfully enacted with public participation, serving dual purposes of revenue generation and discouraging gambling. Punters and industry players have 30 days to appeal the decision.