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KRA gains power to tax unexplained bank deposits after court ruling

Marcielyne Wanja by Marcielyne Wanja
February 4, 2026
in News
Reading Time: 2 mins read

A recent court decision has strengthened the Kenya Revenue Authority’s (KRA) ability to tax unexplained bank deposits, marking a significant shift in how personal and business financial flows are assessed for tax purposes. Under the ruling, any money entering a bank account is now presumed to be taxable income unless the account holder can demonstrate otherwise, expanding KRA’s enforcement capacity at a time when government revenue mobilization efforts continue to intensify.

The ruling comes against the backdrop of Kenya’s ongoing fiscal pressures, with the national tax-to-GDP ratio averaging between 14.0 and 15.3 percent over the past five years, below the government’s long-term target of 20 percent. KRA has been seeking new ways to close compliance gaps, particularly in sectors with historically low formal reporting. Bank deposits have become a focal point because they offer measurable, verifiable data that can be cross-checked against declared incomes.

Industry estimates show that Kenya’s banks process deposits worth trillions of shillings annually, with personal and SME accounts representing a substantial share of the flows. According to CBK’s 2025 banking supervision report, customer deposits grew to Sh5.3 trillion, reflecting increased digital transactions, business activity, and personal inflows. However, research indicates that a portion of these deposits may not correspond to declared taxable income, creating a discrepancy that tax authorities aim to address.

The court ruling introduces a higher burden of proof on taxpayers. Individuals and businesses will need to provide documentation such as loan agreements, sale contracts, investment withdrawals, or intra-group transfers to demonstrate that certain inflows are not taxable income. For businesses with large volumes of transactions, this underscores the importance of maintaining clear audit trails.

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The decision is expected to impact cash-intensive sectors, informal traders transitioning into digital payments, and individuals who regularly receive large or irregular deposits. It also signals greater reliance on data-driven tax administration, a direction aligned with global trends in financial compliance and anti-money laundering frameworks.

While the ruling enhances transparency and broadens the tax net, it also highlights the importance of personal financial planning. As bank deposits face increased scrutiny, individuals may find it necessary to separate personal spending from business income, formalize record-keeping, and adopt savings and investment structures that offer clarity and traceability.

In this environment, disciplined financial organization becomes as important as the investments themselves. Whether funds are held temporarily before deployment or earmarked for short-term needs, choosing structured financial instruments can help individuals avoid administrative challenges while maintaining liquidity.

Money market funds serve a useful role here by offering transparent statements, clear cash flow records, and stable returns. They help individuals manage funds efficiently while maintaining visibility and compliance in line with evolving regulatory expectations.

As financial regulations tighten and transparency becomes more important, maintaining a flexible and stable savings strategy is essential. Consider growing your savings with the Cytonn Money Market Fund (CMMF)  a transparent, liquid investment option designed to help you earn steady returns while keeping your funds clearly documented and accessible.

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