Ladies and
gentlemen, with your permission, I beg to roll out my vision on
taxation, on direct taxation. My vision as is titled, is a paradigm
shift in taxation, it is one that is going to allow freedom in taxation!
Justice
is necessary for the common good of any society. If it is not practiced
it disturbs the peace of the society. Worse still, if violation is by
the state against its citizenry through unjust laws, then society is
grievously harmed.
Taxation
is a means by which individuals, according to their ability, contribute
to the common good of society. Common good is the main raison detre for
the state. The power of the state finds its justification solely in the
common good. Thus power should not be used to protect the interests of
some to the detriment of others.
As
citizens, we fail to practise justice if we fail to observe civil laws,
especially by failing to pay our taxes. The state expects us to comply,
voluntarily, with its tax code. For the sake of justice and good order,
any act of tax evasion calls for some restitution, since tax evasion
goes against commutative justice. The state must not only fight tax
evasion, but must be seen to be doing so.
However,
the virtue of justice does not compel us to obey unjust laws.
Similarly, the state has no moral authority to impose and enforce
unjust laws upon its citizens. What can be said about our taxation
system?
1 Freedom to Kenyan Employees
The
level of unemployment in Kenya is still very high. Worse still, there
is a high incidence of under-employment. The curriculum of our
education system, policy lapses, as well as bad governance has stifled
the growth of entrepreneurship in Kenya, leading to the above scenario.
The
abundant labour supply coupled with weak employment laws and their
enforcement means many of our people who claim to be employed are
wallowing in poverty. In the circumstances, the lack of social welfare
and security systems means many, many Kenyans have their human dignity
grossly violated.
Any
form of taxation of employment income of low wage earners is indeed the
taxation of poverty. Such form of taxation cannot be considered to be
just. The authority that imposes such taxes cannot be said to be
serving the common good of its citizens and its existence can be
questioned.
Tax
reforms instituted in the nineties were meant to shift reliance from
direct taxes to indirect taxes. VAT was introduced in Kenya with a
promise that corporate and personal taxes would be reduced. Although
the top rate of tax has come down, there has been no commensurate
increase in the disposable incomes of workers to cushion them from the
effects of indirect taxation. The overall effect has been to impoverish
workers.
Since
2003/04 to date, income tax from individuals has consistently exceeded
income tax from corporations. How can Kenyan workers pay more than the
businesses/corporations that employ them? One possible explanation is
that the government is the largest employer. Its employees are subject
to PAYE, but government ministries and state corporations do not pay
corporate taxes. Salary levels in the civil service are pathetic,
compared to the private sector. If civil servants are subject to PAYE,
then this is candid proof of taxing poverty. Yet our civil servants are
expected to apply themselves diligently and with commitment to their
work.
It is
common knowledge that the rate of compliance with our taxes is
extremely low. In effect, the high rate of tax evasion makes the
incidence of taxation on the honest taxpayers, majority of who are
workers, much higher. A tax administration that is unable to combat
evasion does not help in fostering equitable distribution of social
burdens and benefits and does not promote social justice. In a certain
sense, it robs its government, the moral authority to rule and govern
the country. Although Kulipa Ushuru ni Kujitegemea, our fiscal policy
and revenue management today makes it Kulipa Ushuru ni Kujidhulumu.
This is especially the case where taxes collected are plundered in
mega-scams by a class of people who also don't pay their taxes.
Our
graduated system of taxing individual income is meant to ensure that we
are taxed according to our ability to pay. Below the threshold of Kshs
10,164 per month, no taxes are applicable. Beyond that, the incidence
of taxes increases progressively but stiffly so that at a mere Kshs
38,892, an individual is already taxed at the top rate of 30%.
Every
Kenyan citizen is entitled to an equitable distribution of social
benefits and burdens. The state must therefore be seen to favour
especially the underprivileged, whose only resource is their work. Wage
earners, who mostly do not have anything else to rely on for their
sustenance, must be especially cared for and protected against
exploitation, unjust wages and above all unjust taxes.
In
order to shield vulnerable workers from unjust taxation, the floor
limit for taxation will be raised to Kshs 30,000 per month. Any Kenyan
earning less than floor limit will not be subjected to any tax on their
employment income. The progression to the top rate of tax will be
dampened so that only individuals earning more than Kshs 150,000 per
month will have reached the top rate of tax. This measure will ensure
many low wage earners are relieved from the obligation of paying income
tax.
The
additional disposable income will be applied partly to boost employees'
retirement savings by raising contributions to NSSF and NHIF. This will
mobilise a large pool of domestic savings for local investment. This
pool of savings can be an invaluable source of funding for the capital
formation this country badly needs. However, before the NSSF can be
entrusted with workers' savings, appropriate safeguard measures will be
put in place to shield it from political manipulation and ensure it is
run independently and professionally. It will also be open to market
competition once the pension industry becomes well-regulated. The law
on retirement schemes will be amended to allow employees use their
long-term savings as collateral for funds to be used in designated
investments.
NSSF
will not only be a retirement scheme, but will also be transformed to
run a social welfare program that will see poor and needy families are
supported by the welfare scheme. We will introduce monthly Family
Support Coupons (FSC) to poor families with no means of livelihood as
well as other disadvantaged groups who will benefit from state welfare
payments.
2 Freedom to Kenyan Farmers
Majority
of Kenyans earn their livelihood through farming. At present,
agricultural inputs and machinery are free from direct taxes. The
objective is to reduce the total cost of production. However, other
operating costs render this economic activity less profitable. Whilst
the farmers enjoy tax-free inputs the same is taken away from them
through numerous levies by various state institutions. Most of these
state institutions can hardly justify the need for the levies that they
administer.
In
addition, the imposition of these levies is not rational and is
discriminative. How affordable are these levies to the peasants? Is
this not yet another instance of taxing poverty? If our government is
really and truly committed to poverty reduction, why would it tax
peasant farmers through a multitude of levies? If governments of rich
nations are subsidising their farmers, the worst our country can do is
to tax its farmers.
In
recognizing agriculture as the backbone of our economy we shall
eliminate all levies imposed on farmers. Further, the next government
will introduce Crop-Guaranteed Prices Policy to cushion farmers against
fluctuating prices. Further, the government will re-organize and
re-structure farmers financing to allow farmers access to subsidized
finance from exclusive Farmer's banks and also specifically-farmers
targeted programs in existing banks. The government will give rebates
to Commercial Banks that will enter into these programs.
3 Housing Freedom
Our
beautiful country is well known the world over for its beautiful parks,
beaches, and its long distance runners. At the same time, it has the
dubious reputation of hosting one of the largest slums known to mankind
(one that has now become a tourist attraction). Housing development has
been left to selfish commercial interests, yet the access to decent
living standards, including housing is at the very core of human
dignity and rights.
Failure
by successive governments to effectively address this matter has led to
an artificial shortage of decent and affordable housing, particularly
in urban areas.
In
finding a lasting and permanent solution to housing problem in Kenya,
we will waive all taxes imposed on land-acquisitions, construction
materials, and transfer of property for both large-scale developers of
low-cost housing and first time purchasers of owner/occupier. The
developers will be given free access to land. The government will
strictly implement and enforce the regulatory framework regarding
housing development.
Further,
the government will give additional and sufficient funding to National
Housing Corporation (NHC) to fulfil its statutory mandate. NHC will be
facilitated to issue corporate bonds for additional financing.
4 Freedom to Charitable and Philanthropic Organisations
A
good part of our social infrastructure such as schools, hospitals,
universities, has been developed by faith-based organisations and
private individuals and companies. There are very few Kenyans today who
can claim not to have been a direct or indirect beneficiary of this
initiative.
Yet
today, a lot of willing donors are shying away from our country for
lack of proper support by the government. Those already here are deeply
frustrated by the lacklustre support they are getting from government.
For example, the government expects missionaries to pay taxes on their
stipends and housing facilities provided to them. Yet these men and
women have given their life to serve humanity even in the remotest
places where the government has never thought of. They have brought
education, healthcare and most importantly, human and professional
formation to many people who would have otherwise been condemned to an
undignified standard of living.
Besides
the faith-based organisations, many good corporate citizens have arisen
to make a difference to the lives of very many helpless and abandoned
Kenyans. Their good deeds neither get acknowledged nor supported.
The
next government will waive taxes and/or give tax rebates to religious
and corporate bodies who carry out the construction and sponsorship of
social infrastructure such as schools, hospitals, water and sewerage
provisions, roads, bridges, irrigation and power generation and
distribution and the incidental and ancillary supplies thereto. The
bureaucratic red-tape obtaining to stymie and stifle this sector will
be eliminated.
5 Freedom from Nuisance Taxes
In
addition to the harsh tax code that Kenya has, our citizens and
entrepreneurs are faced with a barrage of levies, charges and
impositions. These levies are imposed as direct user charges, yet there
is very little to show for them. These levies have been used for the
self-preservation and expansion of unnecessary bureaucratic
governmental bodies. Despite collecting billions of shillings in fuel
levy for many years, today, only 18% of classified roads can be
considered to be in good condition.
The
fuel levy, whose proceeds go to the Roads Maintenance Levy Fund,
constitutes nearly 15% of the fuel pump price. Thus it makes fuel more
expensive, with the attendant knock-on effect to many sectors of the
economy. Yet going by the above government statistics, only 2 out of 10
vehicles that are on Kenyan roads can be considered to be on good
roads.
The
same statistics do show that our network of classified roads has not
seen any meaningful growth over the last couple of years. It therefore
follows that since the inventory of classified roads is static, the
ever increasing fuel levy that has been around for some time would, by
now, have covered a substantial part of the network to raise it to the
required standards. If after all those years, only 18% of our roads are
considered (for the time being) to be in good condition, what is the
levy for? Considering the enormous resources sacrificed by the levy
payers, is there any justification to continue the levy?
The
same questions can be raised in respect of the other numerous levies we
all face daily. Is this a fair and just form of taxation? Would we have
been worse off if we did not pay the levies? Can any of the
governmental bodies that administer these levies stand on its two feet
and claim to have exceeded our expectations? Why should poor Kenyans
continue to be impoverished by their own government?
We will discontinue all these levies unless there is justification for their continued imposition.
6 Freedom to Investors
Studies
in many countries have shown that tax holidays are not necessarily the
bait to attract foreign investment. On the other hand, the risk profile
of a country as a destination for foreign investment is not assessed on
the basis of the generosity of its government in dishing out tax
breaks. Kenya's international risk rating is not diluted by the
numerous tax breaks given to investors.
There
are numerous economic benefits that flow from a healthy pipeline of
foreign investment. Despite sacrificing significant tax revenues, our
country is still unable to attract a respectable quantity and quality
of foreign investment. Thus the investment made by the country through
tax holidays is not yielding the desired returns, because the holidays
are not complimented by a suitable business climate. Moreover, the tax
incentives have been skewed to favour capital intensive investment.
The
cost of doing business in Kenya is quite high, making the country less
attractive to foreign investors as well as making it difficult for our
local investors to compete effectively in international trade. The key
drivers to the high cost of doing business in Kenya are corruption,
high energy costs, poor transport infrastructure, lack of modern and
cost-effective ICT infrastructure. The unmitigated risks faced by
foreign investors include a high level of insecurity, a dysfunctional
judicial system and bureaucratic red tape.
The
next government will, in addition to the existing tax incentives, seek
to address the lack of investment flows in to the country by
systematically eliminating all the above constraints. In addition, my
government will give incentives that will make Kenya the key commercial
and financial hub in Africa. I will make Kenya an attractive place to
conduct trade in services, such as Business Process Outsourcing (BPOs).
This will also have huge benefits to our tourism industry.
Further,
we will encourage Public Private Sector Partnership to enter into Build
Operate Transfer (BOT) arrangements with the government on critical
infrastructure such as public highways, ports and other utilities. This
partnership has been successfully implemented in many developed and
emerging economies like Spain, Italy and Malaysia.
And
further, we will develop as free ports and holiday havens, Mombasa,
Lamu and Isiolo, in the mode of Dubai, Montego Bay and closer home, Sun
City in South Africa.
7 Revenue Sources
I firmly believe all the above measures are workable and achievable. They are not populist statements.
It
is very clear to all Kenyans that bad governance has cost us a lot in
many spheres of our lives. In this context, corruption, as a result of
bad governance not only engenders tax evasion, but also leads to the
misuse of the tax revenues collected. It is my conviction that it is
possible to double the current level of tax collections without
introducing new taxes or raising the existing ones.
Because
of rampant corruption, those who evade taxes or plunder public
resources never get to face the full force of the law. Today, there are
nearly 650,000 people in remand homes and prisons. How many of them
have been incarcerated for tax evasion or theft of public funds? How
many of these are KRA officers who abet tax evasion or shamelessly
steal the taxes that have been paid? How can the government and our tax
administration explain the massive duty evasion that goes on at ports
of entry under its watch?
With
all the revenue leakage going on, it is not possible, at this stage,
for the government to ease the tax burden on us. Consequently, it would
be necessary to plug the leakage in order to improve revenue take.
Radical surgery of our revenue collection agencies would be necessary.
Tax
evasion is rampant in circumstances where the tax code and its
administration are perceived to be a burden to taxpayers. Tax evasion
creates an unfair competition to honest businessmen and other
taxpayers. Honest taxpayers are greatly frustrated when they see
rampant tax evasion which is not addressed. This makes voluntary
compliance with the tax code very low.
Nobody
would be encouraged to voluntarily pay taxes when they see their
sacrifice going to waste through blatant waste and theft of public
funds. Nobody would be encouraged to voluntarily pay taxes when the
government does not deliver the goods and services that we are entitled
to. The above scenario is compounded by the government's lukewarm
approach to e-government.
The
next government will promote accountability and good governance that
will plug revenue leakage and step up voluntary compliance with the tax
code. Our tax code will be reformed to make our tax system simple,
fair, equitable and just to all. Tax evasion will become a capital
offence. Our revenue management agencies will be overhauled to make
them professional, efficient and accountable to its customers.
My
government will rapidly deploy ICT capabilities by implementing a
robust e-government structure. This will assist in detection and
prevention of tax evasion and theft of public funds. It will also
transform the civil service to make it lean and efficient in delivering
public service, thereby encouraging citizens to pay taxes.
A
Kenya Citizen Number (KCN) will be introduced for every child born.
This will be the primary identification number that will be used for
registration of citizens, taxpayer recruitment, voter registration,
issuance of passports and drivers' licence, etc. KCN will be spread to
cover all our citizens, in Kenya and abroad. That way, our citizens
will never have to experience difficulties in obtaining passports,
identity cards or voter's cards.
In
order to improve the overall rate of compliance, tax collection will be
decentralised and devolved. Local authorities and communities will play
a greater role in revenue raising and disbursement at the grass root
level. This only works well in a devolved government structure.
One
prime source of national wealth is the natural resources that our
country is endowed with, including land. In many ways, land is usually
seen as a measure of wealth. Land, whether as private property or
community property is a resource that should serve and benefit the
common good of our society. Whilst private individuals are entitled to
private ownership of land, its use must be to the utmost benefit of the
greater society. On the other hand, distribution of land for private
use must be done in a just manner. If this was the case, we would not
be experiencing the violence that is affecting many parts of our
country.
Without
invading the right to private ownership of land, our taxation system
must recognise the above matter and ensure land is put to responsible
use. Land must be used in an environmentally sound manner as well as in
a manner that benefits the society. Those who own land as private
property must render it useful to society. Consequently, idle land will
be subject to some taxation. In cases where it remains idle for too
long, it would be open to compulsory acquisition by the state. This
will not only generate revenue for the state, but will also put an end
to the use of land as a political tool or gift, render land-grabbing a
useless venture and also end land-related violence.
Ladies
and gentlemen, a new way for this country is possible. A paradigm shift
is possible. Kenya is a rich country. If we all play our parts and
roles, Kenya will in the shortest time possible be a truly emerging
economy. I am proud to be living in Kenya at this time of political and
economic cross-roads. And I know that Kenyans will make a deliberate
choice this year to choose a Kenya that belongs to all, all tribes, all
faiths and all ages and a Kenya that recognizes talent and merit. A
Kenya that allows its youth to be employed without asking for
experience. A Kenya that you can actualize and live your dreams.
Trackback(0)
|
'A Kenya that will employ youth without asking for experience'. I see, so he is encouraginng youth who think they do not have to do anything but be book-sworts and get a job. -[Edited by Moderator]
The youth need to know that they ought to combine academia with real life. What is wrong with them giving few hours outside school to learn from those in the trade, or volunteer, or serve? Hapo amenena upotovu pekee yake. Wale vijana watatoka wamefundirwa maandishi ya vitabuni, na hivyo ndo tutaendelea kukosa wananchi wenye fikra za masuluhisho.Haiya!
Note: I only read the first and last paragraphs, for a good leader should know better to state his main points in those two.