I am not shielding MPs from taxes, says Marende

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July 06, 2011  |

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BY KENNETH MARENDE

The taxation issue of Members of Parliament has become a controversial matter to the extent of being misconstrued that Members of Parliament are opposed to the tax provision under article 210 in the Constitution.

This is far from the truth.

All Members of Parliament played their role in passing the Constitution and they cannot be said to be its saboteurs now. The part played by Members of Parliament in passing and implementing the constitution is clear and now partly history.

Allow me to reiterate the fact that both the Executive and Kenya Revenue Authority wrote to the Kenya National Assembly before the Constitution was passed stating the position with respect to taxation as it would apply to Members of the 10th Parliament.

I have stated this before and some people have interpreted my remarks to imply that I am shielding the Legislature against a constitutional provision. This should not be so in as much as my stand has always been that we uphold the rule of law.

I want to state clearly that I believe that the provisions of the Constitution and legislation related to taxation should be applied to the letter and that if Members of Parliament are lawfully liable to pay additional tax they should do so in accordance with the law.

The Finance Act is explicit on how this should be done and what necessary Bills ought to be enacted to operationalise taxation measures.

The Speaker's decision must be collegiate and speak for Parliament, not me as the individual.

Neither the Speaker of the National Assembly nor its Members will subscribe to making drama out of a matter of this national magnitude. We stand guided by the laws of the land.

It is important for all to read and interpret the Constitution in totality, including the provisions of the Income Tax Act, the National Assembly Remuneration Act, the Finance Act and any other laws, which to date have not been amended nor repealed to realize provisions of the Constitution.

Members of Parliament pay tax as required by all existing laws beginning with the Constitution and will continue to do so including payment of additional tax if the law so provides and the requisite assessment is made.

(Mr Marende is the Speaker of the National Assembly)


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