Kenya: Look MPs, it’s a new day and you are no longer demi-gods

from Judy Miriga

Folks,

God answers Prayers……Pray without ceasing…….and God will grant you desires of your heart……..

No one will resist People Power, it is a force to recorn with……..and the New Constitution is equal to People Power…….

My Heart Bless the Lord……

May you all be Blessed…..and thank you in all ways…….Divided we fall, United we stand and win…….No house standing without strong foundation will stand the raining storm……..But God is the Greatest, He is the Author of Creation, life and power all belong to him……Give him all the Glory and Honor……..!

With all the pending Revenue Collection in taxes from the MPs and including from their businesses, we have enough money to manage and run the country efficiently without borrowing………and No MP will get a ticket to run Public Office, until and unless they clear their debts……….in otherwords, they must have a Clean Bill of Record…

Hehehehee……..!

Cheers People…. !!!

Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com

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Look MPs, it’s a new day and you are no longer demi-gods
Posted Saturday, July 2 2011 at 19:18

I don’t know whether to laugh or cry. Perhaps I should mourn. I am in a funk because Kenyan MPs have — once more — taken my breath away.

I am now totally convinced that MPs passed the new Constitution in utter ignorance. Why? That’s because they don’t seem to have a rudimentary inkling of this transformative document.

As we say in colloquial English, they “don’t have the foggiest”. If they did, members of the august House would have paid taxes pronto — period.

That they owe taxes is unarguable, and a no-brainer. The matter is black-and-white — there are no “ifs”, “ands” or “buts”.

Perhaps MPs would do well to remember that “the love of money is the root of all evil”.

Until last August, Kenyan MPs bestrode the country like colossi. In law and in fact, MPs were the alphas and omegas of society.

No other social status was more coveted than being an MP. MPs acted with impunity. Their word was law. They would steal, cheat, rape and murder — and get away with it.

This has been true since independence in 1964. But, in law, that changed last August — when the new Constitution neutered MPs.

The problem is that MPs don’t know that they’ve been neutered. Most “honourable members” have actually not read — or understood — the new Constitution.

They talk too much, and read too little. Like some kids, they have ADHD — Attention Deficit Hyperactivity Disorder.

There’s more. MPs didn’t read the new Constitution before passing it because they were too busy “demagoguing” it.

This was equally true of both camps — Yes and No. The No camp demagogued the Constitution to stop it. The Yes camp demagogued it to get it passed. There were demagogues everywhere — on both sides.

MPs on both sides were given “red meat” by their ideologues.

That’s why most MPs failed to read the “fine print” of the new Constitution. They say “a little knowledge is a dangerous thing”.

Article 210(3) of the Constitution is unambiguous on the iron-clad obligation of officials to pay tax. How did such a “minor detail” escape the attention of our dear MPs who make the law?

Even as a matter of basic morality, the recalcitrance by MPs to pay taxes is a public relations nightmare.

How can the poor market woman who sells meagre vegetables to make ends meet pay taxes while the MPs exempt themselves?

Then there’s the temerity of some dim-witted MPs to threaten dire consequences should the taxman enforce the payment of taxes.

Judiciary to comply

Several MPs — who could barely articulate their objections — threatened to “gum up” Parliament from passing necessary laws to implement the new Constitution. What are they going to do now that CJ Willy Mutunga has asked the Judiciary to comply and pay back taxes? Do the MPs believe that Chief Justice Mutunga and the courts will rule in their favour?

Kenyan MPs have for long suffered from hubris. What they don’t seem to understand is that August last year was the “red line” between the old order and the new order. The new Constitution cut MPs — and all senior officials — down to size. There are no longer “imperial overlords” in Kenya, not even the Head of State.

But MPs are having “separation anxiety”. They don’t want to “separate” from the old order. That’s why we must cut them down to size.

They need to learn from President Kibaki’s debacle over his unilateral attempt to jam a Chief Justice, Attorney General, and Director of Public Prosecutions down the country’s throat. The hoi polloi said “nyet”. He had to retreat.

There’s more bad news awaiting MPs. Life only gets bleaker for these mandarins. Their stature in society will diminish by a factor of 10.

First, there will be more of them after 2012 — they’ll be a thronging mob. County governors will be more important — by far — than MPs. In fact, each governor will have several MPs “under his boot”. By which I mean the county governor will be the “elected ruler” of the entire county. MPs will be the governor’s citizens, or subjects, as the case may be.

Then there will be the magisterial senators — the first in the rank of legislators. Senators will have more national visibility, status and power than the large crowd of MPs.

MPs will no longer be members of the Cabinet. This will take away the much coveted flag — and the power, money and influence that go with it. Nor will MPs have the power to set their own salaries. Remember how they’ve gluttonly voted themselves huge pay raises over the past 10 years. No more. But this is great news for Kenyan democracy.

Public thieves

An independent legislature doesn’t have to degenerate into a gang of public thieves. For the first time — after 2012 — MPs will have to concentrate almost entirely on legislating and overseeing the Executive.

This is the proper role of the legislature in a democracy. I will expect to see less bizarre and nauseating speechifying at public funerals.

I end where I started. We don’t need any more public spectacles — MPs better pay up or face the full force of the law. If you want to hold the country hostage by refusing to pass the necessary laws to implement the Constitution, be my guest. But be prepared for the people’s wrath. They say “you ain’t seen nothin’ yet”.

Kenya is not begging you to pay back taxes — it’s ordering you to do so.

The matter is non-negotiable. Wake up — it’s a new day and you are no longer demi-gods.

Makau Mutua is Dean and SUNY Distinguished Professor at the State University of New York at Buffalo Law School and Chair of the KHRC

AG Denies Delaying Crucial Electoral Bill
29 June 2011

Nairobi — The Attorney-General on Wednesday deflected the blame directed at his office for the delay in presenting the Independent Electoral and Boundaries Commission Bill, 2011, for assent.

“The delay is as a result of procedural steps between Parliament and the AG’s office before a Bill gets signed to become law,” the State Law Office said.

This Bill lays the foundation for electoral zones and setting up the electoral commission.

Kalonzo Hands Over Sh4 Million Tax Cheque

Peter Ngetich
30 June 2011

Nairobi — Vice-President Kalonzo Musyoka has paid his tax arrears amounting to Sh4 million to join a growing list of MPs complying with the taxman’s directive.

Mr Musyoka walked into Kenya Revenue Authority (KRA) Times Towers offices at 12.55pm Thursday and paid Sh4,423,000 million after handing out four bankers cheques.

He said in Kiswahili “mumetusukuma” (you have really pushed us) as he was received at KRA boardroom by Commissioner Michael Waweru and Commissioner of Domestic Taxes John Njiraini.

Addressing the press, Mr Musyoka said he was happy that he was tax compliant.

“I am pleased to fulfill this obligation as a citizen of this country in accordance with the requirements of our new Constitution. I am now tax compliant and happy,” Mr Musyoka said.

The VP who had earlier walked from his Jogoo House office to Times Towers urged all Kenyans to pay their taxes.

“These taxes constitute the revenue that the government requires to provide public services and develop the physical infrastructure we need in order to realise vision 2030,” he said.

He called on the media to urge presidential candidates to declare their wealth before next year’s General Election.

“As you can remember, I was the first person to declare his wealth during the last general election willingly,” Mr Musyoka said.

Previous reports put Mr Musyoka and House Speaker Kenneth Marende at par, owing the taxman Sh5.1 million each. But the VP had dismissed the figure as a speculation.

Prime Minister Raila Odinga and MP Mutava Musyimi on Monday remitted a combined Sh5.4 million to the Authority in tax arrears as pressure mounted on MPs to pay taxes in the spirit of the Constitution.

Last week, Mr Njiraini warned that KRA would auction property of MPs and other top government officials if they don’t pay their taxes.

But in MPs defence, Mr Musyoka said such a move would be counterproductive.

“It is not proper for the taxman to punish or impose penalties by attaching assets of MPs,” he said.

On Thursday, Mr Musyoka added that to improve the living conditions of Kenyans, President Kibaki had also paid his taxes.

He said the President was the first person to pay but the issue was not publicised.

“As his deputy, I mean it, he did it sometime last week,” The VP said.

He declined to say how much the Head of State had reportedly paid as well as Mr Waweru who said the KRA Act does not allow one to reveal such information unless he gives consent.

“We are not allowed to divulge such information unless somebody has done that himself,” Mr Waweru said.

He said a number of MPs had also paid their taxes but declined to reveal the figure.

“Very many MPs have paid but they are not doing so due to pressure,” Mr Waweru said.

The KRA commissioner said judges will start paying their taxes as from July 1.

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