26 Nov 2008 in National Assembly:
On a point of order, Mr. Temporary Deputy Chairman, Sir. We can educate ourselves from previous practice. If you look at the Finance Bill 2006 and the subsequent Finance Act 2006 and look at the effective dates of these rates that are collected under the Provisional Tax Collection Order Act, it is always backdated. Even if you look at the Finance Bill 2007 and the Finance Act 2007, you will see that what I am saying is exactly what has happened. I have taken the trouble to check even with the Office of the Attorney-General. He shares my view and, ...
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25 Nov 2008 in National Assembly:
Mr. Chairman, Sir, I am utterly surprised by the Minister's response. Until lunch time today, the Minister had no problem with this amendment. However, because there is so much public pressure, he has found out that it is too hot for his fingers. Mr. Temporary Deputy Speaker, Sir, I, however, believe that if the Minister was really genuine, and if he really did not want this clause to exist, there are ways of doing
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25 Nov 2008 in National Assembly:
it without leaving somebody else to carry the hot potato!
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25 Nov 2008 in National Assembly:
Be that as it may, there were reasons for---
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25 Nov 2008 in National Assembly:
Mr. Temporary Deputy Chairman, Sir, I beg to move:- THAT, Clause 39 be amended by deleting paragraph (a). November 25, 2008 PARLIAMENTARY DEBATES 3543
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25 Nov 2008 in National Assembly:
Mr. Temporary Deputy Chairman, I am actually very surprised following the explanation given by the Acting Minister for Finance. It is unlike Mr. Michuki. This is because when he appeared before the Departmental Committee on Finance, Planning and Trade, if you look---
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25 Nov 2008 in National Assembly:
Mr. Temporary Deputy Chairman, Sir, just before I do so, I would like to say that it is good for us to be honest. I am getting increasingly more intrigued by Mr. Michuki's remarks. When I went to the Treasury to do the final discussions with the Minister, it was his view and recommendation that we have a Kamkunji on Tuesday at 10.30 a.m. However, afterwards, the Minister changed his mind and said that let it be our Kamkunji . Why can you not tell all the facts, Mr. Michuki?
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25 Nov 2008 in National Assembly:
Mr. Temporary Deputy Chairman, Sir, having said that, I really leave it to everybody to make their conclusions. However, I beg to move the amendment as originally agreed between the Departmental Committee on Finance, Planning and Trade and the Acting Minister for Finance in his office, last week.
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25 Nov 2008 in National Assembly:
This is because if there had been any objections, they ought to have been raised in that meeting. I feel like this is some form of betrayal. I will, however, go ahead and move the amendment. Mr. Temporary Deputy Chairman, Sir, I beg to move:- THAT, the Bill be amended by deleting Clause 43.
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25 Nov 2008 in National Assembly:
Mr. Temporary Deputy Chairman, Sir, I think we need a clarification on the legal implications of the Bill turning into law because we have made certain amendments which are different from the provisional collection of the Tax Order Act. According to what I see here in Clause 1(F), the effective date is 1st December, 2008 and from the legal interpretation that we got and I think we even discussed it with Mr. Speaker, the effective date must be the date when the Provisional Collection Order was effected. Therefore, this date should not be 1st December but 14th June.
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