'Honourable' MPs...JUST SHUT UP and PAY YOUR TAXES....nkt!!!!

Oliver Wendell Holmes once said that, “Taxes are what we pay for civilized society”. Indeed, a state cannot run a democracy well without taxation, and a taxation system cannot be run well without a democracy.   

Like other legal issue, tax has the constitution as its initial source. It then finds its way into legislation that operationalizes these constitutional provisions. However, different governments have their own ways of creating taxation policies depending on what they hope to achieve for their electorate (…..or for itself as is the sad situation in this our great republic!)

For a long time now especially during the Moi Regime, tax collection suffered greatly. Poor compliance in the informal sector, narrow coverage of existing tax instruments, poor tax collection and tax administration efforts.

No one enjoys paying taxes and would be more than happy to have this burden removed. It is therefore important that in an attempt by state to reduce the ‘load of taxation’, ensure that the tax system is equitable FOR ALL!

A brief look at history before there ever was a colonial tax regime clearly points to the fact that the community ‘remitted’ as it were, a percentage of their harvest to the Tribal Chief/ King to ensure their peace and continuous protection. Such was only waived during periods of drought and famine. However, nobody ever died of starvation due to their inability to retain some food after giving the lion’s share to the king!

The reason why I have taken the pain of elaborately going down history lane and painstakingly trying to explain how important tax is to our great nation is because the persons who legislate on such issues and who too, as a majority, passed the Constitution of Kenya 2010, which has far reaching reforms that will ensure a paradigm shift in Kenya’s fiscal landscape……including YES – them paying taxes, just do not get it!  

As stated earlier, Kenya has greatly suffered as a result of the lack of/poor innovativeness in the collection of taxes.

The writers of the constitution (whom I always fondly refer to) were fully aware of the challenges that far reaching reforms in revenue collection and revenue administration would pose, especially for a rigid government – made up of a large bunch of ‘non-reformists’. However, they were alive to the fact that such provisions would go a long way in helping in significant ways solve the problems of inadequacies in public coffers due to poor allocation and pillage.

They were also keen on ensuring that a theme which runs through the entire constitution – that of protecting the poor and marginalized, and cushioning them from any further suffering – is maintained.

I have read a few comments online about Parliament’s continuous refusal to pay taxes and many have termed parliament as ‘Kenya’s black hole’ as has been laid bare here!

The little geography I know informs me that a black hole is a region in space where nothing can escape…..are we being too harsh on our good MPs? Are they completely incapable of producing anything good for and on behalf of Kenya?

Well I think it’s a bit too harsh – I mean considering the fact that it has taken them close to ten months of excruciatingly hard work to produce four pieces of legislation enabling implementation of the constitution!!

Their argument is that the constitution which they passed stipulates that they are exempted from paying tax for the life of the 10^th parliament. Well the one I read in Article 210 explicitly forbids any legislation that would exclude a state officer from paying tax the same having not been deferred or suspended as those mentioned in Section 2 of the 6^th Schedule on Transitional and Consequential Provisions in the constitution.

They further argue that taxing them would cut their pay in violation of their employment contract with the public……I wonder whether their contracts take precedence over the constitution?!

I believe they voted for the provision to have Mr. Wako (Hon. AG.) go within one year. Oh, if they only knew that he is a sharp man and capable of puling a fast one on them as he smiled away!!

Kenya needs as much revenue as it can gather to fund the very progressive and ambitious reforms that have been provided for in the constitution. The tax man has the option of either further squeezing the us lowly and downtrodden – which in essence would be a violation of our rights, or doing the sane thing – taking from those who have never wanted to give…very constitutional!  

Kenyans need the money you squander with women, young boys, fuel guzzlers and at fancy hotels! Stop wishing for the stars ‘honorable members’ (Marende’s voice).....pay your taxes and move on to that which Kenyans hired you to do….and I will not waste my breath trying to remind you what that was!