Nandi Senator Samson Cherargei has proposed the amendment of the Estate Duty Act 2012 compelling the families of the first President Jomo Kenyatta and that of late President Daniel Moi to pay taxes.
Section 7(3) of the Estate Duty Act exempts the two families from paying inheritance taxes on property owned by the deceased or intended to be sold by the deceased.
However, in a letter addressed to the Clerk of the Senate, Cherargei is proposing to have Section 7 sub-section (3) of the Estate Duty Act 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 said.
In his proposed amendment, Cherargei, a fierce critic of the Kenyatta family wants persons living with disabilities, the minority, and the marginalized to be exempted from paying taxes.
“This section shall not apply to H.E Mzee Jomo 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 marginalized as provided by the relevant law,” he said.
Former Mukurweinin MP Kabando Wa Kabando endorsed Cherargei’s proposed amendments saying that the move shall cure this unconstitutional illegal legislation and allow Kenyans to be treated equally before the law.
“We don’t care if others call it witch-hunt or pettiness, but as Social Democrats, we unequivocally support President Ruto’s firm resolve that 2 of the richest families that have ruled Kenya the longest – Kenyatta (25yrs) and Moi (24yrs) should not be exempt from paying any tax!” Kabando wa Kabando.
