Petitioners want late Mzee Kenyatta and Moi estate to be subject to tax

Four Kenyans have moved to the National Assembly seeking the vast estates of the late founding President Jomo Kenyatta and his successor Daniel Arap Moi to be subjected to the Estate Duty Act.

They want Parliament to amend section 7(3) of the Estate Duty Act, Cap 483 of 1963 which exempts the property of Mr Kenyatta and Mr Moi from paying estate duty.

Laws in Kenya are made for everyone. The 1963 Laws are in contravention of the Constitution of Kenya, 2010.

Rare exemption

The Act, enacted in 1969, stipulates that section 7(3) “shall not apply to His Excellency Mzee Jomo Kenyatta, nor His Excellency Daniel Toroitich arap Moi.”

“Section 7(3) exempts the estate of Mzee Jomo Kenyatta and Daniel Arap Moi, both retired Presidents from imposition from estate duty,” said the petitioners who want fair play on taxation.

The law is silent on former Presidents Mwai Kibaki and Uhuru Kenyatta.

“The petitioners indicate the section is contrary to the provisions of the Constitution that provides that no law may exempt state officers from paying taxes.”

National Assembly committee on Public Petitions to consider and report the findings to the petitioners and the House within 60 days.

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