Court declines to certify urgent petition seeking to cap Ruto taxes
The High Court has declined to certify as urgent a petition seeking to have President William Ruto’s administration taxes capped at 20 per cent of workers’ salaries.
ln a brief ruling Justice Chacha Mwita instead fixed the case filed by Mount Kenya Jurists Association alongside seven other petitioners for hearing in June this year.
“Upon considering the pleading l see no urgency and hereby order the pleading be served to the respondents and the interested parties and highlighting of the submissions on June 17, 2024,” Justice Mwita ordered.
He also ordered the Attorney General, Treasury CS, National Assembly, the Senate, Kenya Revenue Authority, Kenya Kwanza Coalition, Azimio la Umoja Coalition, Kenya Human Rights Commission, Law Society of Kenya and Katiba Institute to file their responses to the suit within 14 days.
The directions came after the petitioners moved to court in December last year seeking to have the maximum tax deductions capped at 20 percent of an individual’s salary and 30 percent for corporates.
“We seek that unless the Court caps the maximum taxes, levies and charges that may be deducted to a maximum of 20 percent for individual citizen tax payers and 30 per cent for corporate entities, there is a high likelihood that the private economy will be starved of resources to finance their obligations and commitments,” the petitioners informed the court.
Through lawyer Kibe Mungai petitioners accuse the government led by President Ruto of being inconsiderate to the suffering and pain currently being felt in the country by over taxing its citizens.
Mungai argued that although the government is entitled to collect taxes, the law bars it from impoverishing its citizens by imposing punitive levies and taxes.
“Over the last one year, many Kenyans have fallen into this bracket despite the fact that Article 30 of the Constitution absolutely prohibits slavery in Kenya” reads the court papers. The Petitioners also contend that excessive taxation is the main reason why wage slavery is becoming institutionalized in Kenya as the incumbent Government supported by its rubber stamp National Assembly enact and enforces new laws to justify deduction of taxes and levies from the income of workers and business owners.
They argue that the government is employing predatory tactics instead of finding wealth for redistribution and sharing among all for equality. “The petitioner’s case is that whilst citizens have a constitutional obligation to pay taxes from their income, the same Constitution prohibits the Government from depriving the citizens of their entire income in the names of taxes, levies, charges and other contributions that a government with an imperial Robin Hood Mindset is inclined to invent and apply,” argued Mungai.
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