Lobby group in Kisumu files case on 16% VAT on petroleum products.

 Lawyer Ken Amondi representing SUMAWE youth Group which has filed a petition at Kisumu High Court on the issue of implementation of 16% VAT on Petroleum Products-Photo By Dickson Odhiambo.

By Dickson Odhiambo

    

 September 4, 2018.

Lobby group in Kisumu files case on 16% VAT on petroleum products.

A LOBBY Group in Kisumu has moved to court to challenge the Cabinet Secretary for National Treasury’s decision to implement 16 percent Value Added Tax on petroleum products.

The group known as SUMAWE Youth Group has filed a petition at Kisumu High Court while wanting the court to quash such a decision by the National Treasury Cabinet Secretary Henry Rotich.

The three petitioners are Titus Alila, Jackline Otieno and Francis Oganda who want the Court to certify the Petition as urgent.

Addressing the media immediately after filing the petition, the Lobby group through their Lawyer Ken Amondi say the decision is a burden by the already overtaxed Kenyans.

Amondi says this is a fact that has been considered, discussed and resolved by the National Assembly under Article 95{2} of the Kenyan Constitution before the passing of the Finance Act of 2018 which sought to shelve the implementation by two years to the year 2020 though the same is awaiting the Presidential Assent.

Amondi argues that the National Treasury has ignored the delegated sovereign power of the people of this Country as envisaged under Article 1{3}{a} of the Constitution of Kenya 2010.

He says this has been further expressed through the National Assembly , the people’s entitlement to the social justice under Article 10 of the Constitution in proceeding to easily  implement the levying of Value Added Tax{VAT} on petroleum products from this September 1.

Meanwhile, Two Members of Parliament have urged President Uhuru Kenyatta to rescind the National Treasury’s decision to levy Value Added Tax on petroleum products.

Opiyo Wandayi of Ugunja and his Molo Constituency Counterpart Kuria Kimani have said the decision is not welcomed by most Kenyans hence the need to rescind it.

They say Parliament has already expressed the will of the people and want the President to assent to the Bill into law so as to help in controlling the fuel prices which has sky-rocketed and is a burden to Kenyans who have already overtaxed.

Wandayi who is also the Chair of the Public Accounts Committee {PAC} says the will of the people as expressed through Parliament must be respected at all cost.

“When Parliament has pronounced itself on an issue, this is the express will of the people so it is regardless whether the President has assented to the Bill passed by Parliament or not. The relevant Government organs must respect the will of the people as expressed by Parliament and we are hopeful the President will assent to this Bill into law,” Wandayi says.

Kimani who is also a member of the Committee says the base rate of the petroleum products have gone high in addition to the VAT thus overburdening Kenyans who have already overtaxed.

He says the assumption Kenyans had was that the Oil that was discovered in Turkana which has not started benefiting people of Kenya could lower the base rate hence making petroleum products go down further but this has not happened at all because Kenyans are yet to benefit from the oil.

“Parliament has pronounced itself on the matter and we need to have an Executive that respect the decision of a Parliament that is elected to represent the will of Kenyans,” Kimani says.

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