A Nakuru medic Magare Gikenyi has filed a lawsuit in the Nairobi High Court asking for the taxation of donations, offerings, and tithes.
The doctor objected to churches, mosques, temples, and certain non-governmental organizations (NGOs) not having to pay income tax.
He argued that all Kenyans and all economic sectors ought to bear an equitable amount of the tax burden.
The physician made reference to Article 201(b) of the Constitution which promotes fairness in the taxation burden.
“The public finance system shall promote an equitable society, and in particular the burden of taxation shall be shared fairly,” said Gikenyi in court documents.
He questioned why the Income Tax Act exempts a group of individuals, going against the same statute that mandates equitable tax remittance.
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“That the effect of the Act is to allow certain groups of individuals and entities to legally be exempted by the statute while the rest of Kenyans carry their burden which in itself is discriminatory in nature and is contrary to articles 27, 28 and 201 (b) of the Constitution,” he continues.
When deciding the case, Dr Gikenyi encouraged the court to respect constitutionalism and the rule of law.
On Tuesday, President William Ruto said the problem with the country is not the taxes but debts.
“Some countries in Africa have missed paying their debts, and they are now in problems. I will not allow our country to go that route where we will not be fully independent,” he said.
“The problem in Kenya is not taxes but debts.”
The head of state noted that Kenya will be a slave to its lenders if it does not manage its appetite for borrowing.
“There is no single nation that has been destroyed by taxes; so many nations have been built with taxes,” he added.
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