Senator Cherargei Seeks to Amend Law Exempting Former Presidents Kenyatta and Moi from Paying Taxes

Nandi Senator Samson Cherargei has initiated the process of amending a law that allegedly exempts the estates of former presidents Jomo Kenyatta and Daniel Moi from paying taxes.

Cherargei is proposing the deletion of section 7(3) of the Estate Duty Act, which he claims exempts the two wealthy families from paying taxes.

"The constitution under Article 210 on the imposition of taxation indicates that no person or entity shall be exempted from payment of tax. The constitution provides a prescriptive exemption of taxes not to include state officers as was purported in the Estate Duty Act section 7 (3) that exempted the estates of former presidents Kenyatta and Moi," Cherargei says in a letter to the Clerk of the Senate

He adds: "This is illegal relic and unconstitutional since the said individuals were state officers by the virtue of the offices they hold as the presidents of the Republic of Kenya."

The second-term senator argues that only persons living with disabilities, the minority, and the marginalized should be exempted from paying taxes under the law.

Cherargei wants Section 7 sub-section 3 of the Estate Duty Act deleted and the words "This section shall not apply to H.E Mzee Jorno Kenyatta or to H.E Daniel Toroitich Arap Moi." He seeks to have the clause replaced by inserting the following words: "that this section shall not apply to the disabled, minorities and marginalized as provided by the relevant law." 

"The constitution 2010 is aimed at creating equality and equity in the payment of taxes in Kenya. This proposed amendment of Section 7(3) of the Estate Duty Act shall cure this unconstitutional illegal legislation and allow Kenyans to be treated equally before the law," he adds.