The Court of Appeal has directed Kenya’s tax man, Kenya Revenue Authority to reveal names of MPs in the 10th Parliament who defaulted on paying taxes.
KRA is also required to reveal the amount of money owed and should also reveal those who have paid within 30 days.
Reverend Timothy Njoya filed the case citing 209 lawmakers who served in the last Parliament owe KRA Sh1 billion in uncollected taxes.
He wants legislators who defaulted on payment of taxes to pay in full and interest accrued.
The case is being heard by Justices Phillip Waki, Roselyn Nambuye and Patrick Kiage.
The three Judges however, limited the findings of salaries, allowances and emoluments of the legislators to the Court citing details of their income is a private matter that should not be put under public scrutiny.
In the 10th Parliament led by Speaker Kenneth Marende, the lawmakers in the House had taken issues with section 125 of the Income Tax Act to “avoid or evade paying taxes on their full salary and perks.”
They formed an ad hoc committee to come up with three pieces of legislation to address the tax impasse.
The then Deputy Prime Minister and Minister for Finance Uhuru Kenyatta, former Cabinet ministers the late John Michuki, Naomi Shaaban, James Orengo and Dalmas Otieno, Assistant Ministers Margaret Kamar, the late Joseph Nkaissery, David Musila and Government Chief Whip Jakoyo Midiwo were in the ad hoc committee.
The then MPs, William Ruto, Rachael Shebesh, and Kiema Kilonzo were also part of the committee as backbenchers.
However, the matter ended up in court where the judiciary pronounced itself on the mater noting everyone has an equal responsibility to pay taxes.
“Constitution of the Republic, is binding on all persons including the Executive and Members of Parliament,” ruled the Judges.
The court also faulted KRA for not following up on legislators who have defaulted on paying taxes.
“KRA has violated the provisions of Articles 209 and 210 of the Constitution. These Articles imply that no person shall be exempted from taxation and that the tax burden of the nation shall be shared equally.”
By Pharis Kinyua. He’s an online Journalist and an author for Jamhuri News