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{
    "id": 1073512,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1073512/?format=api",
    "text_counter": 71,
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    "content": "iv. Kenya Airways Limited as a national carrier plays a pivotal role in the economy through marketing Kenya as a tourism destination, trade facilitation and job creation among others. Hon. Temporary Deputy Speaker it is, therefore, considered to grant the exemption from minimum tax to help the company continue its operations until it returns to profitability. Some of the subsidiaries of the Kenya Airways are the Kenya Airfreight Handling Limited, Jambojet Limited, Africa Cargo Handling Limited, Kencargo Airline International Limited and Fahari Aviation Limited (Pride Oil Limited). In terms of helping this airline stay afloat, the Government has taken other measures including the following in negotiations with other international airlines- i. Senegal has announced US$128 million for the tourism and air transport sector. ii. The Government of Seychelles has waived all landing and parking fees from April to December 2020. iii. The Government of Cote D’Voire waived its Tourism Tax for transport passengers. iv. Lufthansa agreed to a UD$9 billion bailout with the German Government. v. South Africa is deferring payroll, income and carbon taxes across all industries. vi. The Tanzania Civil Aviation Authority has proposed measures including-  Postponement without penalties of payments related to charges.  Cessation of arrangements for increasing charges to operators among many others. On scrutiny of the instruments, the Committee examined the exemption from tax to an airline in which the Government of Kenya owns 45 per cent, and in accordance with the Constitution of Kenya, the Interpretation and General Provisions Act and the Statutory Instruments Acts and found that all these pieces of legislation were followed. As a matter of observation, on the matter of public participation, the Committee noted that the National Treasury and Planning submitted before the Committee that after the enactment of the Finance Act 2020 which introduced the minimum tax, the National Treasury received various presentations from stakeholders on the impact of the new tax on several classes of business including public entities that are facing challenges. Hon. Temporary Deputy Speaker, in the process of handling this matter, the Committee was seized of constitutional petitions that were ongoing in other jurisdictions. For instance, there are constitutional Petitions No.001 and No.005 of 2021 both filed in the High Court of Kenya in Machakos. There is another Petition No.079 of 2021 by the Kenya Association of Manufacturers, the Retail Trade Association of Kenya and the Kenya Flower Council. The National Assembly, the Commissioner General of the Kenya Revenue Authority and the Attorney-General are joined in both petitions as respondents. However, the Committee received legal opinions from the Directorate of Legal Services of the National Assembly and the Directorate of Litigation and Compliance Services on the effect of considering a matter in view of the court cases under Standing Order No.89 on the matter of sub judice. The Committee, after listening to counsel from our internal lawyers, decided to proceed with the matter given that there was no injunction to the National Assembly. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}