KRA bows to the MPs pressure as they promise of adhering to the law on regional balance while recruiting it’s staff composition
Lawmakers threatened KRA of tabling a motion seeking nine tribes unrepresented in KRA’s staff composition not to pay taxes going forward
Only one person from Teso North in Busia County was hired while Thika Constituency in Kiambu County, 50 persons secured chance in KRA last year’s recruitment drive
Kenya Revenue Authority [KRA] has admitted of slightly violating sections of laws owing to political interference while bowing to the pressure of reviewing it’s diversity and inclusion policy in order to address concerns highlighted by disgruntled quarters
This comes inter alia, after the Busia High Court on March 4th 2024, declared all 1,406 Revenue Service Assistant Clerks [RSAs] whom were recruited last year on March as unconstitutional for lacking fair representation on national outlook
Justice William Musyoka of Busia High Court, ruled against the recruitment of all revenue service assistants as their composition didn’t reflect on diversity and Kenya’s regional balance
However, appearing before the National Assembly Committee on Cohesion and Equal Opportunities, KRA Commissioner General Humphrey Watanga, stated that they are in the process of developing a policy framework that will promote ethnic diversity and regional balance as well as opening border offices
“We admit that KRA has had some ugly historical background of ethnic workforce, but with the new technology where our adverts are now done online, we will be able to attract Kenyans from all tribes and consider marginalized while recruiting staffs,” Watanga told parliamentary committee that was charged over the nine tribes which are not represented in KRA’s database
He said before the end of this year, there will be a total transformation in the taxman’s face as he will spearhead the fair representation and adherence to the constitution of Kenya
The High Court and Parliamentary Committee had plugged out Articles 54 to 56 where people living with disabilities are below 5 per cent as enshrined in the constitution on matters public appointments
According to KRA’s report, only a paltry 1.5 per cent of persons living with disabilities were hired in the recent recruitment drive which was declared null and void by the court, despite of 30 days stay order for rectification
Article 54(1) on rights of persons living with disability and 54 (2) on 5 % disability representation was not anchored in the KRA’s hiring of revenue clerks
In the same debacle, Article 55 on affirmative action on appointments for youth and 56 (c) on affirmative action on minorities and marginalized groups were not addressed
Mr Watanga stated that they regrettably of violating the said clauses but they will endeavour to rectify those historical background that has marred KRA since it’s inception- of interests, unfair ethnic representation
“KRA is committed to complying with all the laws in place ae it executes it’s mandate of tax administration and trade facilitation,” he stated
In Busia County, were only one person luckily hired from Teso North against Thika Constituency in Kiambu that saw 50 persons recruited, noting violations of articles 27 4(d) which outlaws discriminations on any ground
He noted that out of the 1406 clerks hired, 786 were Kikuyu and Kalenjin forming 56 per cent of the total against the basic tenets of the constitution on exclusivity and diversity
Legislators Charles Were [Kasipul] Irene Mayaka [Nominated] sought to understand why KRA should not be surcharged for commissions and ommissions did despite of having a legal department that ought to have advised the board accordingly
Particularly, Were, demanded the hiring of 133 persons who were suspended by the board after being subjected into HIV testing and pregnancy test since it too went against the rights to privacy
Mayaka on her hand, said pregnant women were not supposed to be left out as that discriminated them on the basis of intending to form family whereas HIV positives underwent stigmatization
Other MPs sought comprehensive answers from KRA as to why they involved Kenya Defence Forces on offering paramilitary training which again goes against the constitution of Kenya
They read articles by articles detailing how human resources policies and procedures were violated by the involvement of KDF
But, according to KRA, the staffs were to undergo paramilitary training since the conception had been borrowed a leaf from Italian taxman composition where they forcibly tax their citizens
However, according to lawmakers, the trend if anything to go by, will encourage tax cheats and tax evatoers as many Kenyans will develop schemes of operating without disclosing the needed data like banks and MPESA details, going by cash
Watanga said that the 30 days window period granted by Justice Musyoka, will enable Attorney General prepare a defensive suit as the government moves to appellate court to seek an appeal
He confidently disclosed to MPs that the embattled RSAs have positively raised the revenue collections, with latest figures standing at Sh 180, 594, 568 in the last six months
The report also indicated 149 new cases forwarded for enforcement measures by the team as well as identifying a total of 20, 537 eligible taxpayers who are not registered for various tax heads