Bosire, the claimant, sued the Kenya Revenue Authority (1st Respondent), the Kenya Copyright Board (KECOBO) (2nd Respondent), and the Commissioner General of KRA (3rd Respondent), alleging unauthorized use of his copyrighted computer programs in the development and deployment of the Electronic Rental Income Tax System (eRITS).
He claims ownership of copyrighted geo-mapping and rental revenue management software, for which he holds copyright registration certificates issued by KECOBO.
Bosire alleges that he disclosed the concepts, methodologies, geo-mapping structures, rental revenue intelligence frameworks and compliance systems embodied in his copyrighted works to the respondents before eRITS was developed, and contends that the tax system reproduces and incorporates substantial elements of his protected works.
In a ruling delivered on Friday, the Tribunal held that it has jurisdiction to hear the dispute and rejected arguments by KRA and the Commissioner General that the matter was barred by the doctrine of sub judice or had been filed outside the statutory limitation period.
The Tribunal found that the Copyright Act gives it authority to determine disputes relating to copyright registration, compensation and infringement, adding that Bosire’s claim concerns alleged infringement of a copyrighted computer program, which is protected as a literary work under the Act.
The Tribunal further held that issues surrounding the ownership and authorship of eRITS, whether copyright registration was sought for the system, and whether any registration complied with the Copyright Act require evidence and cannot be determined through a preliminary objection.
It also rejected the respondents’ reliance on the Kenya Revenue Authority Act, holding that the dispute concerns copyright infringement rather than tax administration.
The Tribunal dismissed the preliminary objection, ordered each party to bear its own costs, and directed Bosire to serve the ruling on the remaining respondent.
It further ordered that Bosire’s application seeking Anton Piller orders and an interlocutory injunction be heard through oral submissions. The parties are to file a joint statement of issues by July 20, 2026, with the application scheduled for hearing on July 21, 2026.
