Law exempting Kenyatta and Moi families from paying taxes
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Law exempting the first families of Jomo Kenyatta and Moi from paying taxes on inherited property/land
Law exempting the first families of Jomo Kenyatta and Moi from paying taxes on inherited property/land.
A gazetted law exempting the families of late Presidents Jomo Kenyatta and Daniel Moi got a bill gazetted from paying estate inheritance tax sparked a discussion online on Monday, January 30.
The debate arose from Ruto’s insinuations that some government officials in the former regimes who were hellbent on avoiding taxes were sponsoring Raila’s demonstrations.
President William Ruto on Monday, January 30 accused Azimio Leader Raila Odinga and his allies of leading demonstrations to avert paying taxes.
In a direct message to the opposition under Odinga’s leadership, the President stated that no amount of resistance including the holding of rallies would change his stand on the directive.
“Even if they sponsor demonstrations so that they don’t pay taxes, I want to promise them, they will pay tax. There is no more exception,” Ruto affirmed.
According to the Estate Duty Act Cap 483 of 1963, whenever any person dies after the commencement of this Act, a tax known as estate duty shall, save as is hereinafter provided, be levied and paid on;
(a) all property of which the deceased was at the time of his death competent to dispose of;
(b) all property in which the deceased or any other person had an interest ceasing upon the death of the deceased;
However, under section 7(3), it states that;
This section shall not apply to His Excellency Mzee Jomo Kenyatta, nor to His Excellency Daniel Toroitich Arap Moi.
Speaking to local media, lawyer Apollo Mboya revealed that the first families of Kenyatta and Moi cannot be held to pay the tax as demanded.
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“It will be a tough ask because what if the estate has changed hands or transferred to other parties or demarcated over a period of time?” he paused.
Mboya further stated that for the families to pay tax on the estates, the gazette notice had to be canceled.
“They will be acting in retrospect if they impose on the families. They will have to appeal for the notice to be canceled after which the families will start to pay from the period in which the gazette notice was canceled,”
He observed that this was only politics at play and that the government should focus on the reports from the Office of the Director of Prosecution on individuals that have evaded tax.
Equally, lawyer Charles Kanjama disclosed that; “Any gazetted tax exemptions under either the Income Tax, VAT or Customs, can easily be reversed by the Cabinet Secretary if no longer appropriate,”
Also read,
Ruto allies now demand probe into Kenyatta family tax waivers, land for the last 10 years
Chebukati cleared top Azimio operatives at Bomas for ‘financial settlement’
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