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{
    "id": 1155924,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1155924/?format=api",
    "text_counter": 39,
    "type": "speech",
    "speaker_name": "Garissa Township, JP",
    "speaker_title": "Hon. Aden Duale",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": " Hon. Speaker, pursuant to the provisions of Standing Order No.44(2)(c), I rise to request for a Statement from the Chairperson of the Departmental Committee on Finance and National Planning relating to the exercise of delegated authority by the Cabinet Secretary for the National Treasury and Planning. Section 4 of the Tax Appeals Tribunal Act (No.40 of 2013) was amended by this House through the Tax Appeals Tribunal (Amendment) Act (No.7 of 2022), and came into force on 21st March 2022 after the President assented to it. Previously, Section 4 of the Tax Appeals Tribunal Act (No.40 of 2013) conferred upon the Cabinet Secretary for the National Treasury and Planning and all matters related to finance the authority to appoint members of the Tax Appeals Tribunal. However, following the amendment of Section 4 that was done by this House, it now provides that the Judicial Service Commission (JSC), under the leadership of the Chief Justice of the Republic of Kenya, has the sole responsibility to appoint members of the Tax Appeals Tribunal. Despite the provisions of the law being amended to provide for otherwise, on 25th March 2022, the Cabinet Secretary for the National Treasury and Planning, Ukur Yatani, irregularly appointed members to the Tax Appeals Tribunal for a period of three years, effective 15th April 2022, through a Gazette Notice No.3647 that was published in the Kenya Gazette of 1st April 2022. It is on this basis that I seek for a Statement from the Chairperson of the Departmental Committee on Finance and National Planning to inquire into the matter that I have raised herein and in particular, which powers the Cabinet Secretary has in exercising delegated authority in light of the requirements of Section 4 of the Tax Appeals Tribunal Act (No.40 of 2013) as amended. 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."
}