Exposing folly of Kenyan MPs

Marende and Co. are liability to Kenyans

Updated: Thursday, July 7, 2011 Story by: MEEME JOSHUA

Speaker Kenneth Marende and his coterie plan to block implementation of the Constitution as a punishment for their requirement to pay taxes. Ironically, these guys are at the coast bathing in fun of sand and sun at the expense of poor Kenyans. We are footing their bills to have fun and insult our religious folly of paying taxes. And then to rub salt to the wound they have the audacity to even announce that they had to cut deals before they supported the Constitution. They even threaten to strip off the President and PM of retirement benefits and cut their spouses allowances for paying taxes. Where do these guys live? In Mars or Jupiter or utopia? Who told these bunch of less than 200 Kenyans that they are above they law? Paying taxes has nothing to do with the person of President and PM but everything to do with Kenyan people and the sanctity of the Constitution. It is a Constitutional mandate to pay taxes. Do Mps ever ask themselves what would happen if every Kenyan suspended paying taxes like them? This is a hollow threat. We as Kenyans disregard the threat with contempt it deserves.

Kenyans are no longer gullible. The clamor not to pay taxes separates people who Kenyans can trust with the leadership and self-seekers. Marende and his ilk must remember being in Parliament is not their right but at the mercy and service of poor Kenyans who are paying taxes. Sorry, I may sound emotional. But am in a foul mood. This action of threat by Mps only proves what Kenyans have all through suspected: that our representatives are mercenaries on hire and only engage in endeavor where they are benefiting. They cut deals in Parliament. Period. This tells me that if this group of shenanigans knew they would be required to pay taxes they could have opposed the Constitution. What a shame. On the contrary, am yet to understand the rationale of a Speaker who is a lawyer and understands the sanctity of the Constitution, in supporting pedestrian argument about opposition to payment of taxes.

We may give the President and the PM the benefit of doubt for scheming to dupe Mps with shallow kind of interpretation and unconstitutional promises. But it was a necessary evil at a time when Mps had proposed to have more than 300 amendments on the Constitution. But due to the threshold in the Constitution of Kenya Review Act their plans were frustrated. The next strategy was to campaign against the Constitution. Kenyans are aware that until this meeting most of the Mps were 'watermelon' group. Supporting the Constitution by day and opposing it at night; not because they had read the document but for the folly of not reading it. Wake up, guys. This is new Kenya!

The Constitution is very clear that any law or agreement that contravenes the Constitution is null and void. Article 2(4) “Any law, including customary law, that is inconsistent with Constitution is void to the extent of the inconsistency, and any act or omission in contravention of this Constitution is invalid.” Article 3(1) "Every person has an obligation to respect, uphold and defend the Constitution.” If you were duped to support the Constitution thinking it could treat with velvet gloves, forget it! Indeed, if push comes to shove and you jeopardize implementation of the Constitution as you threaten, it you whose term as honorable members would come to unceremonial end. We Kenyans can't wait any longer to see you back in Parliament with that fire. But Article 210(3) is clear to most of you except the few of you who cannot read and write. Article 210(3) states “No law may exclude or authorize the exclusion of a state officer from payment of tax by reason of (a) the office held by the state officer; or (b) the nature of the work of the State Officer.”

Mr. Marende, on what constitutional basis did you have an agreement? Did you ever read the Transitional clauses and see areas that are suspended by the Constitution? Am now doubting whether you are really as wise as Kenyans have been made to believe. Well I sympathize with you on two issues. First, as a person you will be required to pay millions of shillings in tax arrears. And that must be painful. However Mr. Speaker this is the reality Kenyans have known to live with: the pain of paying taxes. It is not act of philanthropy as you claim, it a constitutional responsibility. Second, you must be in dilemma. Damned if you support the President and the PM, and damned if support the Mps. You have consciously chosen to support the Mps on opposing payment of taxes. However, let me remind you payment of taxes is personal issue and taxman will not hesitate to attach your property if you fail to comply. You became a member of collective folly and any attempt to oppose payment of taxes is like clasping to a straw when drowning from raging river waters.

To Parliamentarians make good your threat to paralyze Parliamentary business and you will have yourself to blame. We are not kind to you any more. We can't wait any more to send you home. Why should we have Mps who are liabilities and only take action on issues that benefit them? Why keep you when you cannot reciprocate the generosity of poor Kenyans? To all Presidential contenders, vetting will be public and those who have not become tax compliant so far, can bid the quest farewell.

Email: joshmemento@yahoo.com