Kenya Kwanza Legislators Defend Farmers’ Tax, State it Isn’t Mandatory

Avocados ready for picking in Kakuzi plantation.
Avocados ready for picking in Kakuzi plantation.
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Kakuzi

On Tuesday, March 5, Kenya Kwanza legislators stepped forward to defend the controversial Farmers' Tax that has stirred up concerns among farmers.

Addressing journalists on Tuesday morning, Kirinyaga Woman Representative Njeri Maina clarified that the tax imposed on avocado farmers in the Finance Act is not mandatory.

According to the legislator, the Act specifies that the tax "may" be imposed, a term indicating flexible implementation.

Furthermore, she explained that Acts of Parliament stating that a law "shall" or "must" be implemented are the ones implying mandatory implementation.

A photo of Kirinyaga Woman Representative Njeri Maina
A photo of Kirinyaga Woman Representative Njeri Maina
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“It is not Mandatory as passed in the Act, to require that these farmers pay tax”, stated Njeri Maina.

Earlier on it was indicated that the tax would be submitted through the eTims platform as provided by the Kenya Revenue Authority (KRA).

According to Njeri, however, the KRA Commissioner has the authority to decide in regards to the eTims submission of tax by farmers.

However, the Woman Representative stressed that legislators needed to engage in talks with the Kenya Revenue Authority (KRA) to chart the way forward on the taxation of farmers.

Tigania West Member of Parliament, Kanyuithia Mutunga, further clarified that the taxation targeted the end of the value chain and not the farmers themselves.

He elaborated that taxation should be applied at the point of marketing and not directly on the farmers.

The tax on farmers has sparked controversy, with farmers rejecting the imposition of taxation.

Previously, two MPs from Murang’a county faced uproar when they chased away KRA officers conducting a sensitization on eTims alongside their constituents on Friday.

Kenyans have questioned the two legislators stating that they are double-dealing after they voted in favour of the Bill that enacted the tax.

Tea farmers in Kericho County on Friday July 7, 2023
Tea farmers in Kericho County on Friday, July 7, 2023
DPPS