Blow to KRA as Tribunal dismisses its preliminary objection in software copyright dispute
By Zipporah Ngwatu, July 10, 2026The Kenya Revenue Authority (KRA) and its Commissioner General, Adan Abdulla Mohamed, have suffered a blow after the Copyright Tribunal dismissed its preliminary objection over the jurisdiction of the tribunal to hear a software copyright dispute.
Lawrence Miruka Bosire sued KRA, Commissioner Adan, Kenya Copyright Board (KECOBO) and Registrar of Copyrights, who, according to him, operate, maintain and develop the Electronic Rental Income Tax System (eRITS), which he contends substantially reproduces, derives from and incorporates protected elements of his copyrighted works.
Miruka avers that eRITS is a copyright of his own work, the geo-mapping and rental revenue management software, adding that he has material evidence of ownership since he registered it with KECOBO, who issued him a certificate for the same.
In dismissing the preliminary objection, the tribunal, led by the chair Liz Lenjo on Friday, July 10, 2026, stated that the KRA and Commissioner Adan had failed to prove beyond doubt that it lacked jurisdiction to hear the matter.
“The first and third respondents (KRA and KRA Commissioner Adan) have failed to establish that the tribunal lacks subject matter jurisdiction or that the claim before us is time-barred or debarred by the doctrine of sub judice,” the tribunal ruled.
“We further find and hold that the claimant’s complaint is properly before the honourable tribunal. Orders and dispositions the tribunal consequently makes the following orders: that one, the notice of preliminary objection dated June 11, 2026, is hereby dismissed for lack of merit,” the tribunal added.
Notably, Miruka states that the respondents are in possession of material evidence relevant to the determination of authorship, ownership, originality, access, derivation and infringement, including source code repositories, technical documentation, development records, procurement records, copyright records and development histories.
He reveals that he conceived, researched, documented and developed original systems and technical works relating to geo-mapping, data mining, geospatial intelligence, property intelligence, compliance monitoring and digital management systems between 2006 and 2020.
On February 13, 2020, he crystallised his works into identifiable and documented copyrighted works, and between 2020 and 2024, he refined, expanded, and documented these works, for which KECOBO issued him copyright certificate nos. RZ68264, RZ77039, and RZ95217.
Miruka further reveals that he thereafter disclosed and communicated aspects of the copyrighted works to the 1st and 2nd respondents (KRA and KRA Commissioner Adan) through correspondence, proposals, meetings, presentations, and stakeholder engagements.
According to Miruka, he later attended a meeting involving representatives during which aspects of the copyrighted works were discussed on November 1, 2022.
He notes that by reason of the foregoing disclosures and engagements, the respondents had access to the copyrighted works and adds that they subsequently developed and deployed eRITS.
The matter will be heard by way of oral hearing on July 21, 2026, at 11 am.