The Copyright Tribunal has thrown out a preliminary objection by the Kenya Revenue Authority (KRA), clearing the way for a full hearing of a software copyright dispute.
The case, brought forward by Lawrence Miruka Bosire, alleges that the state tax agency unauthorizedly used his copyrighted computer programs to build its digital revenue collection infrastructure.
In a virtual ruling delivered on Friday, Tribunal Chair Liz Lenjo rejected arguments from the tax authority and its Commissioner General, Adan Abdulla Mohamed.
The state agency had asserted that the tribunal lacked the necessary jurisdiction to adjudinate the matter.
The respondents also claimed that the litigation breached the doctrine of sub judice, and was filed past the legally permitted statutory timelines.
However, the tribunal panel ruled that the tax body failed to establish valid grounds to strike out the case.
The panel affirmed that the Copyright Act explicitly grants the tribunal full mandate over matters concerning copyright registration, compensation, and infringement.
Under the current legal framework, computer programs are legally protected as literary works.
The claimant presented valid registration certificates issued by the Kenya Copyright Board (KECOBO), establishing a legitimate basis for an infringement claim.
The dispute centers on the Electronic Rental Income Tax System (eRITS), an automated platform deployed to enhance the collection of landlords' taxes.
Bosire maintains that he conceived, researched, and developed original systems relating to geo-mapping and data mining between 2006 and 2020.
On February 13, 2020, he officially crystallised his research into documented works, securing three distinct registration certificates from the state copyright board.
These frameworks covered geospatial intelligence, property intelligence, compliance monitoring, and digital management systems designed for tracking rental properties.
He claims he disclosed these proprietary systems to the revenue authority during official stakeholder presentations and meetings between 2020 and 2024.
According to his court filings, the tax authority subsequently developed and deployed the system by copying his original frameworks.
The claimant is seeking financial compensation and substantial royalties for the ongoing deployment of his system.
The revenue authority had attempted to leverage the Kenya Revenue Authority Act to argue that the suit was completely time-barred.
The tribunal dismissed this reasoning, explaining that tax administration statutes apply strictly to tax assessments and revenue collection routines.
They do not govern civil claims arising from intellectual property theft or copyright infringement, which follow different limitation guidelines.
The judges noted that verifying the sub judice claims would require a thorough examination of evidence from other active cases.
Such an extensive factual review cannot be determined through an early-stage preliminary objection.
The tribunal ordered each party to bear its own legal costs for this specific application.
It also directed Bosire to serve the formal ruling on the remaining respondents in the case.
The claimant is also pursuing Anton Piller orders, which would allow for the inspection of KRA source code repositories.
He wants access to development records, procurement files, and technical documentation to prove his authorship of the system.
The tribunal directed that the application for these orders and an interlocutory injunction be heard through oral submissions.
Both parties must now file a joint statement of issues by July 20, 2026.
The application has been officially scheduled for a hearing on July 21, 2026.
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