Allegations have surfaced indicating that both the Kenya Revenue Authority (KRA) and the Teachers Service Commission (TSC) have been unlawfully imposing taxes on teachers with disabilities over the past two months.
James Torome, the Secretary-General of the Kenya Union of Special Needs Education Teachers (KUSNET), disclosed to NewsProjector that complaints had been received from their members regarding being taxed despite fulfilling the criteria for exemption.
“However, most of our teachers are directing their frustration in the wrong direction. The TSC doesn’t grant tax exemptions to teachers. Our issue lies in the fact that the KRA issues a five-year exemption certificate, requiring renewal upon expiration. Unfortunately, some teachers forget, while others renew it late.”
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To address this, Torome emphasized the necessity for the National Assembly to amend or annul the KRA Act, ensuring that the certificate does not have an expiry date.
He further mentioned that efforts have been made to bring this matter to the attention of the Labour and Education Committees in the National Assembly, urging MPs to propose an amendment Bill concerning the KRA Act.
EALA MP David Sankok clarified that individuals with disabilities (PWDs) are exempted from Pay As You Earn (PAYE) up to a specified limit, not from Value Added Tax. Sankok stressed that the PAYE exemption stands at Sh150,000.
He emphasized that individuals earning above this limit, even MPs earning a million shillings, cannot claim exemption.
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Regarding import duty, Sankok highlighted that PWDs are excused from paying it for vehicles, but they are limited to importing a single vehicle within four years to prevent abuse by cartels.
Nelson Shavalegi, a disabled teacher at Senende Primary School in Vihiga County, has been subjected to taxation for the past decade despite his disability. Shavalegi narrated his struggles in obtaining an exemption certificate, despite being officially recognized as disabled. Both the KRA and TSC continued to levy Pay As You Earn (PAYE) from him.
Shavalegi mentioned that, upon follow-up with the TSC, he was advised to undergo a medical assessment before applying for the exemption certificate. Having completed the necessary procedures, he awaits the certificate’s receipt from Huduma Centre in January, remaining optimistic about the success of his application this time.
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Collins Oyuu, the Secretary-General of the Kenya National Union of Teachers (KNUT), stated that while complaints had been received from some disabled teachers about taxation, formal action was pending until they formalize their grievances.
Several teachers with disabilities, preferring anonymity, revealed being transferred from Kenya Union of Post-Primary Education Teachers (KUPPET) and Kenya National Union of Teachers (KNUT) to KUSNET without consent. They expressed uncertainty about where to address their tax-related complaints.