The National Assembly Committee on Finance and National Planning has rejected a proposal in the Finance Bill, 2025, that would have given the Kenya Revenue Authority (KRA) broad powers to access personal data, trade secrets, and confidential customer information.
The rejection was announced by Committee Chairperson and Molo MP Kimani Kuria when he tabled the Committee’s report on the Bill before Parliament. The proposal had been included under Clause 52 of the Finance Bill and sought to expand KRA’s authority to access sensitive information in the name of tax compliance.
However, Kuria said the committee had found the proposal problematic after thorough scrutiny and wide consultations.
“After robust public participation and consultations with key stakeholders, we determined that it fails to meet the constitutional threshold under Article 31(c) and (d), which protect the right to privacy,” said Kuria.
He noted that the Data Protection Act, 2019 already provides clear conditions under which personal data can be accessed, and the Tax Procedures Act allows KRA to obtain taxpayer information through a court order.
“If you refer to the Tax Procedures Act, it authorises KRA to require businesses to integrate with its systems. It also allows for access to necessary taxpayer information through legal channels such as court-issued warrants,” Kuria explained.
He added that the existing laws provide a proper balance between enforcing tax laws and protecting citizens’ privacy, and that giving KRA blanket access to personal data was unjustified and raised constitutional concerns.
“In light of the existing legislative provisions and the valid concerns raised by Kenyans, the committee resolved to reject the amendment in its entirety,” Kuria said.
The Finance Bill, 2025 is currently at the second reading stage in Parliament.
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