Oil marketer Total Kenya has been ordered to pay Sh20.7 million to a former dealer after the High Court found that the company continued using his business name, Kenya Revenue Authority (KRA) PIN, telephone number and email address months after their business relationship had ended.
The court found that Total Kenya Limited used David Kamau Ngure’s credentials and trade name, Dasken Enterprises, without his consent or authority for about 230 days, between January 1 and August 18, 2020.
‘It is therefore my finding that the Plaintiff has proved, on a balance of probabilities, that Total unlawfully continued to use his business name and KRA PIN after termination of the MLA (Marketing Licence Agreement),’ said the court.
The court further ordered the oil company to relinquish control of Mr Ngure’s email address and unsubscribe his telephone number, while awarding him costs of the suit.
The judgment, delivered on July 27, 2026, arose from a dispute over the operation of Total’s Likoni Road Service Station in Nairobi’s Industrial Area.
Mr Ngure had been engaged by Total as a ‘Young Dealer’ to manage the station under an MLA, operating through his business name Dasken Enterprises.
The relationship was terminated effective December 31, 2019, although Total said the station was formally handed over on February 24, 2020.
Mr Ngure complained that despite the termination, Total continued operating the station using his business name, KRA PIN, telephone number and email address.
The High Court found evidence supporting his claim, including invoices and tax withholding certificates showing that transactions at the station continued to bear his KRA PIN long after the agreement had ended.
Total had denied having access to or control of Mr Ngure’s PIN and related email address, arguing that these remained under the control of his employees before termination.
The company also said the MLA was terminated after it discovered alleged fraud involving the Total Card system, which Mr Ngure could not adequately explain. Total maintained that responsibility for tax obligations remained with Mr Ngure even after termination.
One of the witnesses, Tandu Alarm Systems Limited, confirmed that it fuelled fleet vehicles on credit at the station between December 2019 and July 2020. The invoices issued by Total bore Mr Ngure’s KRA PIN.
Other invoices and a tax withholding certificate issued by Samura Engineering Limited as late as August 18, 2020, also carried the PIN.
The court held that Total had created the tax liabilities through its own actions and should account for and settle them, rather than Mr Ngure being treated as the beneficial owner of the transactions.
‘As such, I find that Total should render a full account of all VAT, PAYE and income tax returns filed using the Plaintiff’s PIN from 1st January 2020 to 18th August 2020 and it should settle all tax liabilities, penalties, and interest arising from those transactions with KRA,’ said the court.
Total was ordered to provide a full account of VAT and income tax returns filed using Mr Ngure’s PIN and to settle the resulting tax liabilities, penalties and interest with KRA.
After Total provides proof of settlement, KRA was directed to delete, expunge or apportion the liabilities from Mr Ngure’s PIN and transfer them to Total’s PIN within 30 days.
The court also ordered Total to settle, within 90 days, all outstanding National Social Security Fund (NSSF) obligations and penalties relating to employees at the Likoni Road station for the period January 1 to December 31, 2020.
Mr Ngure told the court that Total’s continued use of his credentials exposed him to tax liabilities and prevented him from obtaining a tax compliance certificate, besides causing economic and reputational harm.
The court found that his constitutional rights to privacy and property under Articles 31 and 40 had been violated. It also held that Total’s continued use of his personal data without consent after termination of the relationship amounted to a breach of Section 30 of the Data Protection Act.
KRA, which was joined in the case, acknowledged receiving Mr Ngure’s complaint about alleged unauthorised use of his PIN but argued that he retained control over his credentials and could change them.
The High Court, however, found that KRA had acted lawfully but directed it to remove or apportion the liabilities after Total settles or accounts for the transactions.
Total Kenya has since filed a notice of appeal against the judgment.