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{
    "id": 1442040,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1442040/?format=api",
    "text_counter": 138,
    "type": "speech",
    "speaker_name": "Molo, UDA",
    "speaker_title": "Hon. Kuria Kimani",
    "speaker": null,
    "content": "Clause 56 address the issue of agency notices. This is aimed to resolve ambiguities regarding their validity. The Committee recognises the necessity to provide a mechanism to lift agency notices in Kenya, where taxes have been fully paid, pursuant to a court order. This provision seeks to ensure clarity and fairness in tax enforcement practices, allowing the timely removal of agency notices once obligation has been met through a judicial process. By establishing clear guidance for lifting agency notices, under these circumstances, the proposal aims to uphold legal compliance while safeguarding Kenyans rights and maintaining the integrity of our tax administration. Clause 61 proposes removal of restrictions that require owners of affordable units to obtain prior written consent from the Affordable Housing Board before selling their units. The Committee supports this amendment citing the concerns from the public, that this provision on the Affordable Housing Act infringes on the constitutional right to property. By advocating the removal of this requirement, the Committee seeks to uphold property rights and ensure that home owners have the freedom to manage and dispose their affordable housing units, without unnecessary bureaucratic hurdles. Clause 63 proposes granting KRA access to personal data. The Committee raised concerns that this proposal does not meet the constitutional threshold outlined in Articles 31(c) and (d) of the Constitution of Kenya. Additionally, the Committee notes that Section 51 of the Data Protection Act specifies conditions under which exemptions might be applicable. Moreover, Section 60 of the Tax Procedure Act (TPA) empowers the commissioner or authorised officer with a warrant to access any necessary data for administering tax laws. These considerations, therefore, show the need for carefully alignment with constitutional and legal provisions, regarding privacy and data protection in implementing this proposal. The decline in levy collection continues to impact on highways, urban and rural roads. Recent heavy rains and flooding caused by El Nino have further damaged our roads. Therefore, there is need to provide more resources through the Appropriations-In-Aid (AIA), to the State Department for roads to ensure we have sufficient resources for the repair of our roads especially the low volume seal roads. Exploring innovative approaches such as targeted initiatives, simplified tax process, and enhanced taxpayer education will encourage voluntary compliance and broaden participation in the formal tax system. By bringing more Kenyans into the taxpayer fold, we will align our tax revenue collection with the economic expansion thus enabling us to finance crucial investments in infrastructure, social programmes, and sustainable development. Hon. Speaker, by addressing these issues proactively and maintaining effective tax policies we strive to increase our tax revenue collection, in line with our economic potential. This will strengthen our fiscal position allowing for investment in key sectors such as social welfare programmes and infrastructure development, therefore, fostering sustainable economic growth to benefit all Kenyans. As we deliberate the Finance Bill of 2024, it is important to prioritise measures that will effectively expand our tax base and ensure revenue generation. This may involve innovative tax policy approaches such as incentivising compliance, simplifying tax procedures and overcoming barriers that hinder our revenue growth. There are other two proposals that are very critical to this economy. One of them is the amendment on excise duty on cigarettes where we are applying preferential rates per centilitre to filtered and unfiltered cigarettes. We witnessed heart-breaking confessions from victims of throat cancer, after 25 years of smoking. They said, they started with unfiltered cigarettes and then moved to filtered cigarettes. As a result, there has been demonstration globally that there is a direct relationship between cigarette smoking and many forms of cancer especially, throat and lung cancer. It has 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."
}