The National Assembly’s Finance Committee has rejected the Treasury’s proposal to allow the Kenya Revenue Authority (KRA) to spy on Kenyans’ M-Pesa transactions and bank account details.
Treasury Cabinet Secretary Njuguna Ndung’u had proposed to amend the Data Protection Act to exempt the KRA from the requirement of seeking court orders before accessing sensitive personal information held by data controllers and processors, including banks, telecom operators, utilities, schools, land registries, and the National Transport and Safety Authority.
However, Molo MP Kuria Kimani-chaired the Finance Committee rejected the proposal for changes to the Finance Bill that seek additional taxes of Sh302 billion, which excludes customs revenues.
“The committee notes that the proposal to allow the KRA access to personal data as proposed may not meet the threshold under articles 31(c) and (d) of the Constitution of Kenya,” he said.
“Additionally, the committee observed that Section 51 of the Data Protection Act outlines the circumstances under which exemptions might apply. Further, Section 60 of the TPA [Tax Procedures Act] empowers the commissioner or an authorised officer with a warrant to have full access to any data for the purposes of administering a tax law.”
Section 51 (2) of the Data Protection Act 2019 allows data controllers and processors to share personal data with a third party if it relates to the individual himself purely for personal or household activity and when it is necessary for national security or public interest. Section 51(2) also allows for exemption if the disclosure is required by or under any written law or by an order of the court.
Legal practitioners wondered why the State wanted to allow the taxman to have absolute access to personal data through the Data Protection Act rather than amending Section 60 of the Tax Procedures Act, which requires the taxman to first obtain a court order before going after private information.
Section 60 of TPA, which had once been declared unconstitutional by the High Court, requires the KRA to first get a court order before accessing personal data.
Some organizations, including the Law Society of Kenya (LSK) and Amnesty International Kenya, an NGO, had called for this provision to be expunged from the Finance Bill 2024 terming it ‘unconstitutional.’
The KRA wants to leverage on increased use of data and linkages between its systems with third parties such as banks and mobile money platforms like M-Pesa to spy on taxpayer’s activities, use of Internet-enabled cameras at excisable goods processing plants and full rollout of digital electronic tax registers to grow revenue.
The KRA’s enforcement units have been using various databases to pursue suspected tax cheats, including bank statements, import records, motor vehicle registration details, Kenya Power records, water bills and data from the Kenya Civil Aviation Authority (KCCA), which reveals individuals who own assets such as aircraft.
Car registration details are also being used to smoke out individuals who are driving high-end vehicles but have little show in terms of taxes remitted.
Share this news
This Year's Most Read News Stories
Muslims in Pemba conduct special prayer against ZAA decision
ZANZIBAR: More than 200 Muslims in Vitongoji Village, South Pemba Region over the weekend conducted a special prayer to condemn the Zanzibar Airports Authority (ZAA) move to appoint DNATA as the sole ground handler in Terminal III of the International Airport of Zanzibar. Abeid Amani Karume.Continue Reading
East Africa Must Prepare for More Extreme Rainfall During the Short Rainy Season – New Study
East Africa has recently had an unprecedented series of failed rains. But some rainy seasons are bringing the opposite: huge amounts of rainfall.Continue Reading
Tanzania: Exim to Raise Fund for Mental Health Facilities Upgrades
EXIM Bank to raise 300m/- over the next three years for financing essential services and infrastructure upgrades in mental health facilities.
The bank’s Head of Marketing and Communications Stanley Kafu unveiled this when introducing Exim Bima Festival 2024 as a platform for bringing together individuals, organisations and various sectors for raising the funds.
“Exim’s initiative aligns with the government’s broader goals to ensure that every citizen has access to quality healthcare, including mental health services,” he said.
The initiative, which is one of the events for celebrating the bank’s 27th anniversary is scheduled for Wednesday this week in Dar es Salaam.
Mr Kafu highlights that this year’s festival is not only about raising awareness of the importance of insurance in the society but also focuses on enhancing access to mental health services and improving the overall well-being of the nation.
Statistics from the Ministry of Health shows a staggering 82 per cent increase in mental health cases over the past decade.
Mental cases have risen from 386,358 in 2012 to 2,102,726 in 2021, making the need for mental health services more urgent than ever.
ALSO READ: NBC’s Saving Campaign Empowers Customers Nationwide
Unfortunately, the country’s ability to address this growing challenge is hindered by a shortage of mental health professionals, infrastructure, medical equipment and essential medication.
For example, out of the 28 regions in the country, only five have facilities that provide adequate mental health services.
The most affected group is the youth aged 15 to 39, who represent the nation’s workforce, underscoring the need for intensified efforts to safeguard this generation for Tanzania’s future well-being and development.
Mr Kafu said by improving mental health services, Exim aims to contribute to the creation of a network of communities that can access care quickly and affordably.
Exim Insurance Department Manager Tike Mwakyoma said they are appreciating the support from partners in the insurance industry, who have stood by them since the last festival.
“Let’s continue this unity for the development of all Tanzanians and our nation as a whole,” the manager said.
Source: allafrica.com
