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| Mathira MP Ephraim Maina argues that whereas the Constitution is clear that no person shall be exempted from paying taxes, it is silent on timing |
The interpretation of the constitution on payment of taxes by Members of Parliament is a matter that is raising temperatures and also creating confusion in equal measure.
Mathira MP Ephraim Maina while agreeing that MPs ought to pay taxes, he is appealing to the Kenya Revenue Authority and the Parliamentary Service Commission to interpret Article 210 in Chapter 12 on Public Finance alongside the Sixth Schedule on Existing Offices section 31 subsection (1).
The Mathira MP argues that whereas the Constitution is clear that no person shall be exempted from paying taxes, it is silent on timing of such an exercise.
Indeed Article 210 (3) says, No law may exclude or authorise the exclusion of a State Officer from payment of tax by reason of - (a) the office held by that State Officer; or (b) the nature of the work of the State officer.
The Sixth Schedule Part 3 on National Government section 10 on National Assembly only says, "The National Assembly existing immediately before the effective date shall continue as the National Assembly for the purposes of this Constitution for its unexpired term" it is however silent on the obligations of Members of parliament in terms of payment of taxes.
"The law is silent on the timing, and it will be important for the Parliamentary Service commission to engage the Kenya Revenue Authority in talks so that we know exactly when we are supposed to pay taxes. However we are aware that no one is exempted from paying taxes," said the Mathira MP.
This might just be the point most members of parliament who are not ready to pay taxes, may want to capitalize on.
However with the mood in the country over payment of taxes as a national obligation, the chances might have just run out on the MPs and tax payment is matter that has come to stay.
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