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Thursday, February 2, 2023 – Nandi County Senator, Samson Cherargei, has called for the amendment of section 7(3) of the Estate Duty Act.
The section exempts late former presidents Mzee Jomo Kenyatta and Daniel Arap Moi’s families from paying taxes.
“This section shall not apply to His Excellency Mzee Jomo Kenyatta, nor to His Excellency Daniel Toroitich Arap Moi,” reads the section in part.
In a letter to the Senate clerk on Wednesday, Cherargei stated that the constitution under Article 210 doesn’t give anybody the freedom not to pay 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,” reads the letter.
The vocal lawmaker said the section is illegal and unconstitutional, adding individuals were state officers
“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,” he added
Cherargei said in his amendment he seeks to have only persons living with disabilities, the minority and marginalised exempted from paying tax by the law.
“Proposed amendment that section 7 sub-section (3) of the Estate Duty Act be deleted, the following words “This section shall not apply to H.E Jomo Kenyatta or to H.E Daniel Toroitich arap Moi.
“This section 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.” Cherargei wrote.
The Kenyan DAILY POST.
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