Sharp Daily
No Result
View All Result
Saturday, June 7, 2025
  • Home
  • News
    • Politics
  • Business
    • Banking
  • Investments
  • Technology
  • Startups
  • Real Estate
  • Features
  • Appointments
  • About Us
    • Meet The Team
Sharp Daily
  • Home
  • News
    • Politics
  • Business
    • Banking
  • Investments
  • Technology
  • Startups
  • Real Estate
  • Features
  • Appointments
  • About Us
    • Meet The Team
No Result
View All Result
Sharp Daily
No Result
View All Result
Home News

Finance committee opposes KRA’s access to personal data

Brian Murimi by Brian Murimi
June 19, 2024
in News
Reading Time: 2 mins read

The Finance and National Planning Committee has raised concerns over Clause 63 of the Finance Bill 2024, which grants the Kenya Revenue Authority (KRA) access to personal data. The committee concluded that the proposal might not meet constitutional standards, potentially infringing on privacy rights as enshrined in the Kenyan Constitution.

In a comprehensive report tabled by Kuria Kimani, Chairperson of the Finance and National Planning Departmental Committee, the committee scrutinized the proposed amendment to the Data Protection Act (Cap. 411C). This amendment would authorize data controllers or processors to disclose personal data to KRA without explicit consent from the data subjects for tax assessment, enforcement, or collection purposes.

The committee noted that the proposal might violate Articles 31(c) and (d) of the Constitution of Kenya, which safeguard the privacy of individuals. Article 31 explicitly protects against “the unnecessary revelation of information relating to family or private affairs” and “the privacy of their communications”. The committee emphasized that any encroachment on these rights must be justified under Article 24, which outlines the circumstances under which rights may be limited.

“The proposal to allow KRA access to personal data as presented may not meet the constitutional threshold,” stated Kimani. This indicates a potential overreach by the KRA, compromising the balance between efficient tax collection and individual privacy rights.

RELATEDPOSTS

Kenya Revenue Authority (KRA) dismisses 19 staff in a renewed anti-corruption drive

February 13, 2025

New KRA Chairman Ndiritu Muriithi pledges professional transformation

December 30, 2024

The committee’s report also highlighted existing legislative frameworks that govern data access. Section 51 of the Data Protection Act delineates specific circumstances under which data exemptions might apply. Moreover, Section 60 of the Tax Procedures Act already empowers the commissioner or an authorized officer, under a warrant, to access data for tax administration purposes.

“The existing provisions under the Data Protection Act and the Tax Procedures Act already provide sufficient mechanisms for data access by KRA under warranted conditions,” the report stated. This implies that the proposed changes might be redundant and unnecessarily invasive.

During public participation, the committee received a plethora of submissions from various stakeholders, including legal experts, data protection advocates, and industry representatives. The overwhelming sentiment was one of caution, urging the government to carefully balance tax administration needs with privacy protections.

“The need for efficient tax administration is understood, but it should not come at the cost of eroding fundamental privacy rights,” argued the Centre for International Private Enterprise during the public hearings.

Based on these insights, the committee recommended a thorough review and possible revision of Clause 63 to ensure it aligns with constitutional mandates and existing legal frameworks. They urged the National Assembly to consider these recommendations seriously to avoid potential legal challenges and public backlash.

“The Finance Bill 2024 aims to enhance fiscal stability and support governmental programs, but this must be achieved within the bounds of constitutional rights and legal propriety,” the report read.

Previous Post

Sourcing the right stones key to durable construction

Next Post

eTIMS reforms: Relief proposed for small farmers and micro-businesses

Brian Murimi

Brian Murimi

Brian Murimi is a journalist with major interests in covering tech, corporates, startups and business news. When he's not writing, you can find him gaming, watching football or sipping a nice cup of tea. Send tips via bireri@thesharpdaily.com

Related Posts

News

Co-op Bank posts KES 6.9 billion profit in Q1’2025

May 16, 2025
Agriculture And Economy
News

Lets get Kenya out of FATF list

May 9, 2025
News

The downside of Impact Investing

May 2, 2025
News

Leadership challenges at the University of Nairobi

April 24, 2025
News

Easter eggs and earnings: Growing your nest egg with CMMF

April 16, 2025
News

Geoffrey Ruku declares KES 377M net worth during CS vetting

April 15, 2025

LATEST STORIES

How Kenya’s E-Mobility shift could redefine urban planning

June 5, 2025

Economic liberators are the real heroes and heroines of the year

June 5, 2025

Affordable retirement planning for small businesses with CURBS

June 5, 2025

How Kenyan banks can modernize without marginalizing

June 4, 2025

Human rights concerns over activists’ treatment in Tanzania

June 4, 2025

Decoding stock-based compensation

June 4, 2025

Comparative advantage is the secret to real economic take off

June 4, 2025

Understanding inflation and its impact on everyday life

June 4, 2025
  • About Us
  • Meet The Team
  • Careers
  • Privacy Policy
  • Terms and Conditions
Email us: editor@thesharpdaily.com

Sharp Daily © 2024

No Result
View All Result
  • Home
  • News
    • Politics
  • Business
    • Banking
  • Investments
  • Technology
  • Startups
  • Real Estate
  • Features
  • Appointments
  • About Us
    • Meet The Team

Sharp Daily © 2024