Protect Kenyan Churches from Taxation: Catholic Activists Urge Attorney General

Nairobi, 11 January, 2024 / 9:20 PM

Members of CitizenGO Africa, a Catholic activist organization, are calling on Kenya’s Attorney General (AG), Justin Muturi, to protect churches in the country from taxation after a group of activists in the country went to court asking that the places of worship be taxed. 

A Kenyan medical doctor moved to the High Court on January 3 to challenge sections of the Income Tax Act Cap 470 which exempts some institutions from paying taxes. According to Dr.  Magare Gikenyi, the Income Tax Act goes contrary to the Article 201(b) of the Kenyan Constitution which states that the tax burden should be shared fairly by all Kenyans and all sectors of the economy. 

In a Wednesday, January 9 petition addressed to Kenya’s AG, CitizenGo Africa members say  freedom of worship in the East African nation is at stake if the petition to tax places of worship succeeds.

“We urge you, Hon. Justin Muturi, to uphold the constitutional interest of protecting churches from government control and taxation,” the activists say. 

They ask the AG to “take action to ensure that religious freedom in Kenya remains intact and that churches can continue to serve their communities without unnecessary financial burdens.”

CitizenGo activists say Churches provide immense economic and social value to their communities, offering essential services such as food, shelter, and clothing to those in need, and that taxing them “would only serve to diminish their positive impact.”

They add, “Kenya's rich history of religious diversity has allowed for spiritual guidance, moral values, and community support to flourish, and taxing churches could hinder their ability to exercise religious freedom.”

The petition against tax exemption comes months after the High Court barred the Kenya Revenue Authority (KRA) from demanding tax from Thika Road Baptist Church.

KRA wanted the Kenyan Church to pay KES. 5.5 million (USD 31,445) after it failed to produce a tax exemption certificate.