DR Timothy Murere Njoya retired Minister of the Presbyterian Church of East Africa. [Photo/Standard]Tax payments of MPs who served in the 10th Parliament that ended in 2013 will be made public by The Kenya Revenue Authority (KRA).Court of Appeal judges Philip Waki, Roselyn Nambuye, and Patrick Kiage, have made the decision in an appeal filed by retired PCEA cleric Timothy Njoya, who had failed to get the orders at the High Court.Timothy Njoya filed the case in 2013 seeking orders that the taxman be compelled to produce documents showing MPs who paid taxes. The information to be released shall however relate only to the taxes paid or payable on the salaries, allowances and emoluments of MPs and not their private incomes. The taxman has 30 days to comply with the order.The KRA had told the court that they had difficulty with providing tax returns data because such information is protected under the Income Tax Act.Confidentiality of tax returns is internationally recognised and that, right to information is restricted when it comes to tax and this restriction is reasonable because it encourages compliance said KRA Lawyer Moses Ado.“The State has only one option to obey the Constitution by enforcing and applying the clear provisions of the Constitution for purposes of implementation and application of taxation to public officers,” appellate judges.The Parliamentary Service Commission should have been held responsible if taxes were not paid said the KRA.The KRA has violated the provisions of Articles 209 and 210 of the Constitution which provide that no person shall be exempted from taxation and that the tax burden of the nation shall be shared equally said Judges Waki, Nambuye, and Kiage.

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