A man in Nakuru has moved to court pushing for court orders to compel churches to pay taxes using offerings and tithes.
Magare Gikenyi who is a doctor by profession in his court papers argue that the move will expand the tax base has been President William Ruto’s rallying call since he took over.
The doctor argues that that the Income Tax Act Cap 470 of the laws of Kenya provides for the payment of income tax by various individuals and entities based on the right of the government to impose taxes as enshrined in Article 209 of the Constitution.
Further, Article 201(b) of the Constitution he said makes it mandatory that the taxation burden should be shared fairly.
The doctor said Article 201 of the 2010 Constitution does not anticipate any form of discrimination. Further Article 201(c), he noted, states that “the burdens and benefits of the use of resources and public borrowing shall be shared equitably between present and future generations.”
“This action has allowed the so-called “exempteers” the likes of churches, mosques, temples, some NGOs, some donation groups, and individuals making billions of money to benefit from this loophole to the detriment of other Kenyans who are toiling to pay their taxes. Tithes, offerings and donations and other monies are not taxed courtesy of this provision,” he stated.
Tithes, offerings and donations and other moneys, he noted, are not taxed courtesy of this provision adding that tax burden should be shared equally and fairly as opposed to other Kenyans carrying a load on behalf of others.
He said the “haphazard discrimination and discriminatory nature of not sharing the tax burden with everyone has increased the strain for those who pay tax.
