Nandi Senator Samson Cherargei. Image Courtesy.
Nandi Senator Samson Cherargei now wants section 7(3) of the Estate Duty Act amended.
In a letter dated February 1, 2023 and addressed to the Clerk of the Senate, Cherargei requests for the deletion of Estate Duty Act section 7 subsection (3), which exempts the Kenyatta and Moi families from paying taxes.
“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.
“This is illegal relic and unconstitutional since the said individuals were state officers by the virtue of the offices they hold as the presidents of the Republic of Kenya.” Cherargei says.
The Nandi Senator argues in his proposed amendment that the law should exempt people with disabilities, minorities, and the marginalized from paying taxes, not the Kenyatta and Moi families.
“The constitution 2010 is aimed at creating equality & equity on the payment of taxes in Kenya. This proposed amendment of Section 7(3) of the Estate Duty Act shall cure this unconstitutional illegal legislation and allow Kenyans to be treated equally before the law,” the UDA senator added.
His proposal comes a day after his Nyandarau counterpart John Methu wrote to the Kenya Revenue Authority (KRA) asking for retired President Uhuru Kenyatta and his family to be audited over tax evasion.
“…no individual or company should subvert the societal goals and deny the public, the revenue required to meet different obligations to their realize the socio-economic rights guaranteed by the Constitution,” the senator wrote.
Methu listed the 2019 merger of the Commercial Bank Africa Limited and NIC group, Brookside milk and ENKE investments are some of the Kenyatta family businesses to be audited.
Also Read: Uhuru Responds To Tax Evasion Allegations
