On 30th April 2021, the High Court of Kenya delivered its judgment in the case of Commissioner of Domestic Taxes Vs Sony Holdings Limited, E042 of 2020. This was an Appeal from the decision of the Tax Appeal Tribunal. Sony Holdings Limited (Hereinafter “Sony”) was engaged in the business of development, owning, and letting of real estate. Its flagship project was the Westgate Shopping Mall (“the Mall”) from which it received rental income.

On 21st September 2013, the Mall was the subject of a terrorist attack. At the time of the attack, Sony held a terrorism and political violence insurance cover for property damage (buildings and outbuildings) and loss of rent receivable in the sum of KES. 6,000,000,000 and KES. 1,200,000,000 respectively with Kenindia Assurance Company Limited (“Kenindia”).