A Nakuru-based doctor, Magare Gikenyi, has filed a suit at the High Court in Nairobi seeking for tithes, offerings, and donations to be taxed.
According to the court document seen by Kenyans.co.ke, the doctor took issue with churches, mosques, temples, and some Non-Governmental Organisations (NGOs) being exempted from paying the income tax.
He noted that the tax burden should be shared equally by all Kenyans and all sectors of the economy.
The petitioner also references Article 201 (b) of the Constitution, which advocates for 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," read part of the suit.
In particular, he questioned why the Income Tax Act provides exemptions to a class of people, hence contravening the same law that dictates fairness in the remittance of taxes.
"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," read part of the suit.
Doctor Gikenyi urged the court to treat the matter as urgent and to uphold the rule of law and constitutionalism when determining the case.
The move by the Nakuru-based doctor to expand the tax base of the country coincides with President William Ruto's clarion call on taxation policies since he took office.
In the past year, Kenyans have lamented about the high cost of living occasioned by the new taxes contained in the Finance Act 2023.
However, President Ruto defended the taxes, noting that the major problem in the country is not over-taxation but debt and overborrowing.
"We need to correct the mistakes made by our predecessors. Our main problem is not taxes, it is debt. People do not want to be told the truth. This has caused so many nations to default and not know how to get themselves from such messes," Ruto stated in Nyandarua on Tuesday.
