Samson Cherargei, a senator from Nandi County, has demanded that the Estate Duty Act’s provision 7(3) be changed.
The clause exempts the families of late former presidents Daniel Arap Moi and Mzee Jomo Kenyatta from paying taxes.
Part of the clause states, “This section shall not apply to His Excellency Mzee Jomo Kenyatta, nor to His Excellency Daniel Toroitich Arap Moi.”
Cherargei claimed that no one has the right to opt out of paying taxes in a letter he sent to the Senate clerk on Wednesday in accordance with Article 210 of the Constitution.
No individual or company may be excluded from paying taxes, according to Article 210 of the constitution on the imposition of taxes. According to the letter, the Estate Duty Act’s section 7(3), which exempted the estates of former presidents Kenyatta and Moi, violated the constitution’s prescriptive exemption of taxes from state employees.
The outspoken member claimed that the provision is unlawful and unconstitutional and that the people were state employees.
Since the aforementioned persons were state officers due to their positions as presidents of the Republic of Kenya, he continued, “This is illegal relic and unconstitutional.”
In his amendment, Cherargei stated that he wanted to limit tax exemptions to people with disabilities, minorities, and the marginalized.
“It is proposed to eliminate the wording “This section shall not apply to H.E. Jomo Kenyatta or to H.E. Daniel Toroitich arap Moi” from section 7 sub-section (3) of the Estate Duty Act.
This section should be changed to read “that this provision shall not apply to the disabled minority and marginalized as provided by the appropriate law,” as suggested by the amendment. Cherargei composed.
