It will now be difficult for Kenya Revenue Authority (KRA) to recover taxes from evaders after a court declared sections of its laws unconstitutional. High Court judge George Odunga yesterday declared three sections of Tax Procedure Act, 2015 unconstitutional, rendering tax recovery almost impossible.
From the judgement, KRA will not confiscate goods or even attach properties with an intention of recovering taxes. In addition, the taxman is no longer welcome to your office or home to confiscate documents relating to payment of taxes or even carrying out arrests. Justice Odunga also declared illegal the law shifting the burden of proof to the taxpayer when default claim is raised. This means KRA will now be required to provide proof that you have not paid taxes. HEALTH EXECUTIVE In a case by former Nairobi County health executive Dr Robert Ayisi, the court noted that sections 44 (1 and 2), 60 (1 and 3) and section 59 (4) are against peoples’ right to privacy, to own property and to be treated with dignity. Section 44 empowers a KRA officer to take away goods he suspects the owner did not pay Value Added Tax or excise duty for. Your opinion is valuable.
Section 60 gives KRA full and free access to any building or property and authority to cart away documents or data storage devices believed to be used in tax fraud. On the other hand, Section 59 lifted the caveat on production of privileged information. “In this case, it may well be that Kenyans wanted to break away from the past where the Executive and its apparatus could arbitrarily break into people’s premises at any time of the day or night and cart away property in violation of their rights,” said Justice Odunga. He added: “As this court had held time and again, a taxing master is not entitled to plucking a figure from the air and imposing it on a taxpayer without some rational basis of arriving at that figure.”
Read more at: https://www.standardmedia.co.ke/business/article/2001280746/kra-s-tax-recovery-suffers-setback
Ngiite lipa tax and stop wanking to Odunga’s conspiracy.
Infact KRA should be dismantled and a better institution with more than half a brain constituted in its place. They have refused to give me a compliance certificate the reason being that I did not fill returns for year 2002!
sasa wanasema solution ni gani?
I need new glasses…nimeona KRA offers major shit shit shit… karibu nipate anxiety attack
hii odunga anajaribu kuprotect some individuals of interest
hizo figures wana pluck from God knows where ndio inafanya wengine wetu tunukishe hoho + kitunguu + coriander…
kuwa mpole ndugu, another blow for the corrupt by our esteemed judiciary.
I wanted to get back at him,he called me Ngiite few days ago.
Encourage him to pay taxes though,that seem like a piece of good news to his ears
Hii ruling ni ya 6-8 weeks ago, nashangaa kuona ikipata traction leo
Our correspondent’s in the corridors of justice and githeri Media slept on the job.
In this one I will gladly allow myself to be branded corrupt, KRA inachosha.
I have spent four days in their offices in the last two weeks trying to unkink a problem that is yet to be resolved. I have been getting the impression the officers don’t know what they are doing.
There was a time in June I got very annoyed by being given ile run around ya kuja Thursday ukienda unaambiwa rudi Tuesday ikifika unaambiwa enda 3rd floor ukienda unaambiwa peleka desk 12 ground floor.
I decided I have had enough, sat in one station and stated with finality am not moving from there till my issue is sorted.
Businesses are suffering major loses after importers are unable to clear their wares at the port, imefika point shops wanauza hakuna.
How are we supposed to like that?
Tembelea your station and you will explain why you didn’t file and walk out with you compliance ready.
I had the same challenge nikaenda pale Sameer and after a short meeting and I walked home with the certificate ready for download.I didn’t bribe anyone.
But ukweli usemwe most civil servants dont perform their duties leading to backlogs and frustrated citizens and bribes come in handy for the few who are working.
I know a lady who is supposed to be working pale Mathari Hospital but haja kanyanga Huko kufanya KAZI for almost 8 months na mshahara still comes through.
Nifanye hizo returns na nilipe liabilities. Sasa systems zao hazitambui hio miaka
Baba, civil servants are a gone case when it comes to service delivery and customer care. Few really underdtand ehat they are supposed to be doing. A typical service desk in a govt office is manned by a gum chewing ignorant who has to consult on every query coming his/her way. It is really appalling given that nowadays karibu wote wamesoma unlike kitambo where the excuse was that most were semi literate.
This is good, KRA had this thing of yanking some funny figure from God knows where and the tell you to confirm that you declaration is erred from what they have…First of all how are they best placed to confirm that yet you have the full accounting of your business. Now let them have the burden of proof how they come up with their figures, before I may produce my private information.