Kenyan Tax Appeals Tribunal Holds New Limit on Carry Forward of Losses Does Not Affect Losses Incurred Prior to Enactment of Finance Act 2025

On 28 November 2025, the Kenyan Tax Appeals Tribunal issued a judgment in the case of Patel v Commissioner for Legal Services & Board Co-ordination Services. The judgment concerns the application of the new limit on the carry forward of losses introduced by the Finance Act 2025. As previously reported, the Act limited the carry forward of losses to 5 years, which is generally effective from 1 July 2025. However, in a private ruling from the Kenya Revenue Authority (KRA), dated 1 Septemb…