In a
statement on Monday, Waiguru, who is also the Council of Governors chairperson, said the tax authority is overstepping its mandate by demanding VAT on the
devolved unit’s revenue sources and attendant interest and penalties.
“We take the greatest exception to these unwarranted demands which are unfounded and undermine the principles of Article 6(2) of the Constitution.
"Article 209 of the Constitution outlines the taxes and charges to
be imposed by either level of government,” Waiguru said.
"We,
therefore, find the demands by KRA on imposition of VAT on counties’ OSR
unconstitutional and an encroachment on the powers to impose taxes and duties
of the counties in contravention to Article 209 (3) and (4) of the
Constitution.”
Governors
say services provided by counties in the performance of their functions are
exempt from VAT as set out in the Fourth Schedule of the Constitution.
“It is on
this premise that we find that the KRA has no basis for these demands,” said
the CoG chair.
The Kenyan DAILY POST
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