Wednesday, January 3, 2023 – A Nakuru-based doctor has filed a petition challenging sections of the Income Tax Act that exempt some people and institutions from paying tax.
According to Magare Gikenyi, Sections 3(2) of the Income Tax Act Cap 470 leaves out other persons contrary to Constitutional principles which state that the tax burden should be shared fairly by all Kenyans and by all sectors of the economy.
The medic who wants churches included in paying tax said Article 201(b) of the Constitution makes it mandatory that the taxation burden should be shared fairly.
He termed Section 13 of the Income Tax Act as discriminatory and contradictory to the Constitution because it allowed certain groups of individuals and entities to be exempted by the statute legally.
In the case before the High Court in Nairobi, Gikenyi said some rich people, donation groups, churches, mosques, temples, and some Non-Governmental Organisations benefited immensely from the exemption.
The Attorney General, Cabinet Secretary Treasury and Economic Planning, Kenya Revenue Authority, The Senate and the National Assembly, The National Council of Churches of Kenya, the Kenya Conference of Catholic Bishops, the Evangelical Alliance of Kenya, and the Supreme Council of Kenya have been listed as interested parties.
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