In force 💡 FYI Invoice rules

Kenya writes eTIMS electronic tax invoices into the VAT Act definition of a tax invoice

This page records one dated change. For the rules in Kenya as they stand today, see the Kenya guide →

Jurisdiction
Kenya
Tax
VAT
Change type
Invoice rules
Status
In force
Impact
FYI
Announced
27 June 2025
Effective
1 July 2025
Instrument
KE-ACT-9-2025
Authority
National Council for Law Reporting (Kenya Law)
Verified
Fetched from official source · high confidence
Who this affects

VAT-registered persons in Kenya issuing or relying on tax invoices, including those issued through eTIMS.

What to do

No action — monitoring only.

The change

Finance Act 2025 (Kenya Gazette Supplement No. 104, Acts No. 9, assented 27 June 2025, effective 1 July 2025) amends VAT Act s.2 to insert a statutory definition of 'tax invoice' that explicitly includes electronic tax invoices issued through eTIMS (section 23A of the Tax Procedures Act), resolving ambiguity about whether eTIMS invoices satisfied the VAT Act's invoicing requirement.

What changed in detail

Section 32 of the Finance Act, 2025 (No. 9 of 2025, Kenya Gazette Supplement No. 104; assented 27 June 2025; in force 1 July 2025) amends section 2(1) of the VAT Act, CAP 476, by inserting a new definition in alphabetical sequence:

“tax invoice” includes an electronic tax invoice issued in accordance with section 23A of the Tax Procedures Act.

Section 23A of the Tax Procedures Act (CAP 469B) is the provision under which electronic tax invoices are generated and transmitted through the Kenya Revenue Authority’s electronic Tax Invoice Management System (eTIMS).

What it means

Before this amendment the VAT Act’s invoicing rules and the Tax Procedures Act’s eTIMS rules sat side by side without an explicit link, which left room to argue about whether an eTIMS invoice was a “tax invoice” for VAT purposes. The definition, still in force, closes that gap: an eTIMS invoice is a tax invoice in the VAT Act’s own terms. Taken with KRA’s practice since January 2024 of disallowing input VAT that is not validated through eTIMS (ke-etims-vat-prefill-2023), the eTIMS invoice is in practice the document a Kenyan VAT claim rests on.

Proof

“tax invoice” includes an electronic tax invoice issued in accordance with section 23A of the Tax Procedures Act.
Finance Act, 2025 — Kenya Gazette Supplement No. 104 (Acts No. 9) — Government Printer, Nairobi · captured 11 November 2026
Screenshot of Government Printer, Nairobi captured 11 November 2026, showing the quoted passage Source snapshot of the official page. Open full size ↗

Archived from the official distribution · The Finance Act, 2025 (No. 9 of 2025), Kenya Gazette Supplement No. 104, 27 June 2025 · kenyalaw.org

Sources

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