NAIROBI, Kenya, Jan 16 – Kabete MP Ferdinand Waititu has moved to court to stop the implementation of a Memorandum of Understanding (MoU) that the Kiambu County Government has entered into with the Kenya Revenue Authority (KRA) for revenue collection.
Waititu is contesting the agreement which was signed last Tuesday, saying that it was done without public participation, education, awareness or sensitisation.
The legislator claims in an urgent application that it was approved without the endorsement of the Kiambu County Assembly.
He said implementation of the MoU will affect Kiambu County and will mark the beginning of confusion in the system of tax collection in the county.
The Kabete MP now wants Kiambu County and KRA restrained from issuing demands, enforcing and implementing the MoU pending determination of the case.
Waititu is also seeking an order to compel the respondents to release the MoU documents to him and the County Assembly of Kiambu.
He claims that the MoU is a violation of the Constitution by failing to subject it to public participation through the County Assembly.
“It was conveniently entered into during the recess of the County Assembly to derail or delay any would be deliberation or efforts on the county assembly to deliberate on it” he states.
He has accused Kiambu County Government of delegating powers to the tax man which it does not have.
The Kabete MP further adds that KRA and Kiambu County have usurped judicial powers to inflict penalties and effect recoveries of properties levies, fines, penalties, debts, taxes, commissions and other charges regardless of any outstanding disputes.
The MP who has expressed an interest in the gubernatorial seat claims if not stopped, the arrangement is likely to be implemented in other counties to their detriment.
The legislator is concerned that the personnel that collect revenue on behalf of the county government are likely to lose their jobs and the county will be paying employees who will not be working.
He alleges if the MoU is implemented the tax man will embark on enforcing an unjust, unaccountable, non-transparent and inequitable tax system.