High Court judge Justice George Odunga has been on the limelight of Kenyan after President Uhuru Kenyatta,left him out of the appointments to the Court of Appeal, citing that Odunga and six others had integrity issues that blocked their elevations.
And now Justice Odunga has termed minimum tax levies introduced by President Uhuru Kenyatta's Jubilee government as unconstitutional.The court also barred the Kenya Revenue Authority from collecting minimum taxes.
Odunga declared that the minimum tax is illegal and unconstitutional because it does not fall within the category of taxes that the national government may impose under the Constitution, was enacted without Senate approval, violates the right to property and life, results in inequitable sharing of the tax burden, and creates uncertainty due to contradictions with the Income Tax Act.
The ruling by Justice Odunga provides relief to taxpayers because the minimum tax would have a negative impact on (taxpayers who are in a tax loss position, and businesses with high turnovers and low margins, which would have to pay taxes based on turnover rather than profits.
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