Sunday, July 3, 2011

CJ to write opinion on taxation law

BY EVELYN NJOROGE

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NAIROBI, Kenya, Jul 3 - Chief Justice Dr Willy Mutunga has announced that he will soon write an opinion interpreting the Constitution regarding payment of taxes by State officers.

He stated on Sunday that a written statement would especially clear the air over whether or not judges enjoy a special regime when it comes to payment of their salaries and allowances.

He termed the misrepresentation that judges are special tax payers whose take home pay will not be affected by taxation as erroneous.

“I have been misreported and if I say it again, it might create more confusion. I’m therefore going to write my opinion and give it to you (the media),” he told reporters.

He would give special attention to section 160 of the Constitution to ensure that it does not ‘cloud the general principle’ on taxation and reiterated that judges would be paying taxes on their salaries and allowances as the law demands.

Together with his deputy Nancy Baraza, they will take the lead and start remitting their dues at the end of July.

“There is nothing like section 160 because we were not judges before so get taxed allowance and everything, straightaway,” he stressed.

Speaking after a thanksgiving service in the honour of the three judicial appointees at the PCEA Kinoo church, the CJ asked Kenyans to give his new office three months before they start evaluating his progress in instituting reforms at the Judiciary.

He disclosed that together with Ms Baraza, they were currently undertaking assessment of the system to see what immediate actions can be undertaken to begin its turnaround.

“At the moment, let me investigate; let me see whether the quick wins are and then I can give you a roadmap that you can use to hold me accountable,” he stressed.

Dr Mutunga revealed that he plans to start hiring personnel this week to build capacity of the Judiciary and help to clear the backlog of the courts.

“That backlog cannot be handled unless we have sufficient staffing. We start tomorrow (Monday) by recruiting more judges, then magistrates. We are also going to get advocates to volunteer and that will help,” he explained.

During the service the Chief Justice however rooted for available mechanisms at the local level to seek and administer justice. By doing so, he pointed out; Kenyans would help to decongest the courts.

In addition, he called for attitude change among Kenyans saying this was the only way that the country would begin to achieve unity and become a just and equitable society.

The service was also attended by Deputy CJ Nancy Baraza and DPP Keriako Tobiko who vowed to work hard and prove his critics wrong.

Rev Timothy Njoya led the service, and he urged the new appointees to remember that they owe their allegiance to the citizens of Kenya. He told them to uphold the rule of law and equitable justice

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Read more: http://www.capitalfm.co.ke/news/Kenyanews/CJ-to-write-opinion-on-taxation-law-13448.html#ixzz1R3t9EhKs
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