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Kenyan High Court Imposes Stiff 16% VAT on Tech Giants Uber, Jumia, Glovo

Published 1 month ago4 minute read
Kenyan High Court Imposes Stiff 16% VAT on Tech Giants Uber, Jumia, Glovo

The African tech landscape is currently experiencing significant shifts, marked by pivotal legal rulings, proposed legislative changes, and global corporate restructurings aimed at leveraging artificial intelligence. These developments are poised to reshape how digital services operate, how governments regulate the tech sector, and the future of work across the continent.

In a landmark decision, Kenya’s High Court has mandated that major tech platforms such as Uber, Jumia, and Glovo must pay a 16% Value Added Tax (VAT) on the total value of transactions conducted through their systems, rather than just on their commission. This ruling originated from a case involving the defunct logistics startup Sendy, which was pursued by the Kenya Revenue Authority (KRA) for KSh 82 million in unpaid VAT. Previously, these platforms only remitted VAT on the small percentage they earned as commission. However, Justice Helene R. Namisi concluded that Sendy, by controlling aspects like pricing, delivery approvals, payment collection, and customer interactions, was effectively providing the transport service itself. This precedent-setting judgment implies that any platform exerting significant control over a service transaction will be held accountable for VAT on the full amount, potentially leading to thinner margins for companies, higher prices for consumers, and even the possible withdrawal of support for smaller traders by platforms. This judicial decision is expected to have a profound impact on Kenya’s approximately KSh 146 billion eCommerce market.

Meanwhile, Ghana’s tech sector is grappling with controversial amendments proposed by the Cyber Security Authority (CSA) to the 2020 Cybersecurity Act. The CSA, established to combat cyber threats and bolster digital defenses, seeks to expand its powers significantly. If passed, these changes would grant the CSA’s Director-General, Deputy, and authorized officers the authority to arrest, search, and seize in the course of cybercrime investigations, albeit under the Attorney General's oversight. The Authority would also gain the power to recover proceeds from such crimes, supported by a new Joint Cybersecurity Committee. Critics, however, are raising alarms about the potential for excessive power concentration and its implications for innovation. Experts fear that giving the CSA the mandate to certify new technologies like AI and blockchain could stifle Ghana’s burgeoning tech scene. Concerns also extend to the Communications Minister’s discretion in defining "critical infrastructure," which some believe could lead to governmental overreach and reduced transparency, profoundly influencing Ghana’s digital future.

On a global scale with significant African implications, Amazon is undertaking a major corporate restructuring, involving the elimination of 14,000 corporate jobs to intensify its focus on Artificial Intelligence. This marks Amazon’s second-largest round of layoffs, following 22,000 cuts in 2022, as the company aims to "remove layers" and become leaner to accelerate its AI initiatives. While primarily affecting corporate divisions in the US and Europe, these global shifts are expected to ripple across Amazon’s expanding footprint in Africa, particularly in key markets like South Africa and Egypt. In South Africa, where Amazon launched its online marketplace in 2024, the operational streamlining could result in a tighter regional structure. Similarly, Egypt, home to one of Amazon’s largest fulfillment centers in North Africa, may experience increased automation and fewer on-ground staff as AI becomes central to logistics and customer service. Amazon CEO Andy Jassy has articulated that AI will fundamentally transform how work is performed within the company, shifting away from manual tasks towards roles focused on building, training, and managing AI systems. With over $55 billion already invested in tech infrastructure this year, much of it directed at enhancing Amazon Web Services (AWS) — a critical platform for African startups, fintechs, and enterprises — this AI-first strategy presents both opportunities for more powerful tools and potential challenges like higher costs or stricter service models for its African clientele. This global AI transformation underscores a profound reshaping of the future of work, extending its influence far beyond continental borders and into African tech ecosystems.

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