Kenya’s tax authority, the Kenya Revenue Authority (KRA), has frozen VAT access for 5,030 businesses, alleging they are involved in a Sh2.5 billion monthly “missing-trader” fraud scheme. The affected firms, placed on the VAT Special Table—a little-known blacklist—have responded with a class-action lawsuit. This legal battle has been fast-tracked, with a hearing set for June 9.
The KRA’s decision effectively locked the firms out of filing VAT returns, processing transactions, or claiming input tax refunds, leading to severe disruptions in cash flows and supply chains. Petitioners argue that the blanket action violates their rights to fair administrative practices and was implemented without the statutory notice typically required after six months of non-compliance or unexplained credit claims.
Should the court rule against the KRA’s aggressive enforcement approach, the tax authority may be forced to adopt a more nuanced, data-driven strategy to curb fraud while protecting the financial stability of small and medium enterprises (SMEs). However, a ruling in favor of the KRA could pave the way for stricter compliance mechanisms, potentially expanding to other tax regimes like PAYE, excise, and e-invoicing.
Businesses are being urged to proactively review their VAT reconciliation processes, assess exposure to flagged entities, and establish buffers to withstand sudden policy shifts in tax administration. The case marks a critical test for balancing fraud prevention with economic stability in Kenya’s tax ecosystem.
