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Tax exemptions cost country over Sh370 billion – Cherargei

Senator argues that PLWDS, minority and marginalised should be the ones exempted

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by The Star

Eastern06 February 2023 - 10:58
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In Summary


•Tax exemptions cost the country over Sh370 billion

•The senator urged people to pay their taxes to allow evasive payment.

Nandi Senator Samson Cherargei.

Nandi Senator Samson Cherargei has revealed that Sh370 billion is lost due to tax exemption in Kenya.

Speaking on Saturday, Cherargei announced that this week he will move an amendment to section 7(3) of the Estate Duty Act.

“We are losing 370 billion in this country through the exemption of tax. I will move an amendment to Section 7 of the Estate Duty Act to remove the exemptions of individuals who are exempted from paying tax in this country,” he said.

The senator urged people to pay their taxes to allow evasive payment.

In a letter dated February 1, 2023, addressed to the clerk of the Senate,  Cherargei proposed to have Section 7 subsection (3) of the Estate Duty Act which apparently exempts former Presidents Mzee Jomo Kenyatta and Daniel arap Moi from paying taxes deleted.

"The constitution under Article 210 on the imposition of taxation indicates that no person or entity shall be exempted from payment of tax. The constitution provides a prescriptive exemption of taxes not to include state officers as was purported in the Estate Duty Act section 7 (3) that exempted the estates of former presidents Kenyatta and Moi," Cherargei stated in the letter.

In his proposed amendment, the Nandi Senator argues that persons living with disabilities, the minority and marginalised should be the ones being exempted from payment of tax by the said law and not the Kenyatta and Moi families.

Cherargei wants Section 7 subsection (3) of the Estate Duty Act to be deleted and the words "This section shall not apply to H.E Mzee Jorno Kenyatta or to H.E Daniel Toroitich Arap Moi" be replaced by inserting the following words: " that this section shall not apply to the disabled, minorities and marginalised as provided by the relevant law." 

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