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{
    "id": 1498199,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1498199/?format=api",
    "text_counter": 359,
    "type": "speech",
    "speaker_name": "Mathare, ODM",
    "speaker_title": "Hon. Anthony Oluoch",
    "speaker": null,
    "content": "One important point under Clause 4 of the Bill that is very crucial is that those proposals will have to specify certain things that are key to prudent use of financial resources that are set out under Articles 200 up to 210 of the Constitution. One of those is that there must be particulars of the authority under the county government that is going to collect the tax. Why is this important? It is important to know what mechanism, entity or organ is entrusted to collect tax. We have a situation in which county governments engage private companies to collect fees for them, fees which we do not know how, to what extent, how much or how they are remitted. It says here that, other than specifying who the collecting entity is, the method likely to be used in enforcing compliance, and the compliance burden on tax payers, it should specify the impact on individuals and businesses. One of the things that must come out clearly in this Bill, and which I think we should propose in the Third Reading, is what we find under Articles 201-209 of the Constitution. The benefits of taxation must be shared equally. As we delegate the power to collect taxes to county governments, it cannot be that the people who did not vote for or support a current county government will suffer under- development arising out of taxation that everybody without exception is required to share the burden of. The benefits and distribution of county government levies and fees must percolate down to every corner of the ward. One of the key tenets of our Constitution, especially in Article 118, is a requirement to consult, seek views and have public participation. Right now, the National Assembly is embarking on an amendment to the Finance Bill. It is important to note that very extensive public participation is required to be conducted. It behoves the county governments to ensure that, as they collect views, which they will submit to the KRA and the National Treasury on the fees that they will levy, the people must be consulted on what the fees are, their extent, the impact and the pitfalls that are likely to come as a result of the imposition of the fees. One other provision that I found very interesting is under Clause 5 on waiver and variations. The caveat in this is what needs to interest us. In collection of taxes, one of the things we have had to deal with in this Parliament, whether it was waiver on importation of sugar or fertiliser, is the arbitrariness."
}