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{
    "id": 200801,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/200801/?format=api",
    "text_counter": 214,
    "type": "speech",
    "speaker_name": "Mr. Kajwang",
    "speaker_title": "",
    "speaker": {
        "id": 164,
        "legal_name": "Gerald Otieno Kajwang",
        "slug": "otieno-kajwang"
    },
    "content": "Mr. Temporary Deputy Chairman, Sir, I beg to move:- THAT, Clause 27 be deleted. This amendment is likely to be misused to injure business. Collection of taxes, or lack of payment of taxes, should not be made a criminal offence. We should not criminalise collection of taxes. Tax is paid at the end of the year. Usually, you declare the kind of tax that you should be paying. If you gave the Commissioner the authority to recover taxes, and even make it criminal--- Look at the amendment to the proposed Section 96A(b). It says that if it appears to the Commissioner that it is likely that the taxpayer will frustrate the recovery of tax, and if information is disclosed to the Commissioner that he is likely to transfer the money or withdraw the money or dispose of the money or property, then the Commissioner will go to court and seize the property. I suspect that the Commissioner is talking about some money in the bank. It is proposed that the Commissioner will proceed to the bank and, maybe, freeze the account. As we saw last year, the Commissioner actually directed that one of the manufacturers of a popular drink owed them Kshs1 billion. So, in such a case, he would proceed quickly and freeze the account of that industry. Definitely, that industry would collapse. Later on, it was discovered that actually, the industry did not even owe them any money. In fact, the court later on declared that, that demand was illegal. So, this kind of power that the Commissioner wants is likely to destroy many businesses merely on some suspicion that somebody is likely to run away with money, or is likely to transfer it abroad. Those are things you cannot put your finger on. So, we do not think that this kind of power should be given to the Commissioner. The Commissioner should collect tax. If somebody fails to declare, he has all the powers to seize his property and accounts and receive the money in the normal way. This power, unless properly explained, should not be given to the Commissioner. It is likely to be misused."
}