A file image of the reception area at KRA offices in Nairobi. KRA
All taxpayers who are yet to enroll to the new Tax Invoice Management System (TIMS) can sigh with relief after the Kenya Revenue Authority (KRA) extended its deadline.
In a statement dated Monday, September 26, the authority announced that that the deadline had been moved from Friday, September 30, to Wednesday, November 30.
Stakeholders, taxpayers, business community and the public are all affected in the new changes.
"Kenya Revenue Authority (KRA) wishes to inform stakeholders, taxpayers, business community and the public that the deadline to comply with the Value Added Tax (Electronic Tax Invoice) Regulations, 2020 by transitioning to the Tax Invoice Management System (TIMS) has been extended to 30th November 2022. The initial deadline was 30th September 2022," read the statement in part.
An ETR machine approved by KRA FILE
The authority's Commissioner for Domestic Taxes explained that KRA had noted that some of the businesses and taxpayers were in the process of acquiring the new Electronic Tax Register (ETR) machines.
The extension, therefore, is aimed at allowing those yet to acquire the crucial machine do so.
"Having noted that a number of taxpayers are still in the process of acquiring and integrating the ETR devices with their invoicing systems, KRA further advises that an administrative decision has been taken to provide additional time until November 30, 2022, to allow the taxpayers complete this process," the commissioner explained.
Initially, the transition's deadline had been pegged at July 31, 2022, but was extended to September.
The authority seeks to enroll all VAT registered taxpayers from the old Electronic Tax Registers to the Tax Invoice Management System (TIMS).
Subsequently, KRA gazetted a list of about 16 registered ETR suppliers from whom the VAT registered taxpayers were to acquire the new machines.
The upgraded ETRs have the ability to check the accuracy of the invoice data generated at the time of making a sale through a validation process.
As the customer is issued with their copy of the invoice, the electronic version of the tax invoice is transmitted to KRA over the internet on a real time or near real time basis.
A KRA van spotted during a crackdown in Nairobi on Thursday, March 18, 2021. TWITTER By Derrick Okubasu, Kenyans.co.ke
The African Court on Human and Peoples’ Rights in Arusha, Tanzania has in a landmark judgment held that “the Moroccan occupation of Western Sahara is a serious violation of the right to self-determination.”
The court held that “all states have legal obligations to assist the Sahrawi people in the full realisation of their right to self-determination and independence.”
The judgment delivered last week followed a suit filed by human rights lawyer Femi Falana SAN against eight African Union member states before the court over “the failure of the countries to discharge their legal duty to defend the sovereignty, territorial, integrity and independence of Western Sahara.”
The case brought on behalf of Bernard Anbataayela Mornah, a Ghanaian citizen and the National Chairman of the Convention of People’s Party, a political party in Ghana against Burkina Faso; Cote D’ivore; Ghana; Mali; Malawi; and Tanzania relates “to the legal duty on the defendants to defend the sovereignty, territorial, integrity and independence of Western Sahara.”
In the judgment, the African court held that “the presence of Moroccan forces in Western Sahara is a military occupation, which violates international law.”
The judgment, read in part: “The continued occupation of the SADR by Morocco is incompatible with the right to self-determination of the people of SADR as enshrined in Article 20 of the African Charter on Human and Peoples’ Rights.”
“The Court notes that at the core of the instant Application lies the Applicant’s allegation that the admission of Morocco to the AU was not opposed by Respondent States in spite of their individual and collective obligation to defend the sovereignty of Western Sahara.”
“Considering the facts of the case and the submissions of the parties, the Court is of the view that the present Application is essentially and firmly linked to the right to self-determination, particularly, the right of the Sahrawi people to obtain assistance in their struggle for freedom from foreign occupation.”
“Although the other rights are autonomous by their nature, their violation in the instant case basically flows from the alleged denial of the right to self-determination of the people of Western Sahara.”
“It is the occupation of the SADR and the deprivation of its people of their right to self-determination that have occasioned and facilitated the alleged violations of their other rights, including their right to development, right to disposal of their natural resources, their right to peace and to non-discrimination.”
“The Court observes that the notion of self-determination has strong resonance with Africa and carries a special and deep meaning to its people. Colonisation, apartheid, military occupation and various forms of foreign oppressions that the continent experienced has defined the African identity and history as inherently and inextricably intertwined with the struggle for self-determination.”
“The African States have also consistently exhibited unwavering commitment to the right to self-determination by supporting or sponsoring resolutions adopted in the United Nations and other regional and international fora.”
“Despite the fact that the Constitutive Act of the AU, did not explicitly mention the right to self-determination, the defence of ‘the sovereignty, territorial integrity and independence of its Member States’ is specified as one of the objectives of the Union.”
“The Constitutive Act also makes the promotion and protection of human and peoples’ rights in accordance with the African Charter on Human and Peoples’ Rights, and other relevant human rights instruments’ its additional objective.”
“The Charter guarantees the right to self-determination under its Article 20 as follows: All peoples shall have the right to existence. They shall have the unquestionable and inalienable right to self-determination. They shall freely determine their political status and shall pursue their economic and social development according to the policy they have freely chosen.”
“States are required to take actions individually and jointly to facilitate the realization of the right to self-determination, including by offering assistance to people struggling for independence and freedom from domination.”
“On the other hand, negative obligations involve the duty to respect the right, that is, abstaining from engaging in acts or taking measures that adversely affect people from fully enjoying their right to self-determination.”
“The Court also observes that in international law, the right to self-determination has achieved the status of jus cogens or a peremptory norm; thereby, generating the corollary obligation erga omnes on all States. As such, no derogation is permitted from the right and ‘all States have a legal interest in protecting that right’.”
“Where a peremptory norm is breached, States are also under an obligation not to recognize the illegal situation resulting from such breach and not to render aid or assistance in maintaining the situation.”
“Furthermore, the Court recalls that the obligations resulting from the right to self-determination are owed by States not only towards those who are under their jurisdiction but also to all other peoples who are not able to exercise or have been deprived of their right to self-determination.”
“In line with this, Article 20 of the Charter confers the right to get assistance on ‘all peoples’ without geographical or temporal limitations.”
“The Court observes that the right to self-determination is essentially related to peoples’ right to ownership over a particular territory and their political status over that territory. It is inconceivable to materialise the free enjoyment of the right to self-determination in the absence of any territory that peoples could call their homeland.”
“The Court recalls that although Morocco has always laid claim on the territory it occupies, its assertion has never been accepted by the international community.”
“The Court recalls that in international law, a State incurs international responsibility where three cumulative conditions are proven to have existed: an act or omission violating international law, that is, an internationally wrongful act; the act must be attributed to a State (attribution); and the ac must cause a damage or loss (causal link).”
“In addition, there should not be circumstances precluding responsibility. These conditions are spelt out in the International Law Commission’s Articles on Responsibility of States for Internationally Wrongful Acts and have been generally considered as reflecting customary international law.”
“The Court also reiterates that the right to self-determination under Article 20 of the Charter imposes an international obligation on all State Parties to take positive measures to ensure the realisation of the right, including by giving assistance to oppressed peoples in their struggle for freedom and refraining from engaging in actions that are incompatible with the nature or full enjoyment of the right.”
“The Court notes that, in view of the fact that part of the SADR’s territory is still under occupation by Morocco, there is no question that State Parties to the Charter have an obligation, individually and collectively, towards the people of SADR to protect their right to self-determination, particularly, by providing assistance in their struggle for might have resulted from such occupation.”
“All State parties to the Charter and the Protocol, as well as all Member States of the AU, have the responsibility under international law, to find a permanent solution to the occupation and to ensure the enjoyment of the right to self-determination of the Sahrawi people and not to do anything that would give recognition to such occupation as lawful or impede their enjoyment of this right.”
“The Moroccan occupation of part of the territory of the SADR seriously violates the right to self-determination and independence of the Sahrawi people.”
“Consequently, the Court finds, AU Member States have an obligation to assist the Saharawi people in the realisation of their right to self-determination and not to recognise the situation and violations resulting from this illegal occupation.”
“Indeed, the right to self-determination and independence “imposes an international obligation on all States Parties to take positive steps to realise this right, including assisting oppressed peoples in their struggle for freedom and refraining from actions incompatible with the nature or the full enjoyment of this right.”
The suit with application number 028/2018, read in part: “The territory known as Western Sahara in North Africa was forcefully and illegally colonized by Spain for several years until it pulled out and relinquished its claim as a colonial power over the territory in February 1976 as a result of the violent resistance of the Saharawi people.
“The defendants are members of the African Union which have accepted the competence of the Protocol of the African Court on Human and Peoples’ Rights on the Establishment of the African Court on Human and Peoples’ Rights.”
“Despite the illegal occupation of Western Sahara by Morocco not less than 84 countries have accorded diplomatic recognition to the Saharawi Arab Democratic Republic, a member state of the African Union. In Liberia, Sierra Leone and The Gambia the Economic Community of West African States (ECOWAS) intervened militarily to restore democratic governments with the support of the African Union.”
“In line with the provisions of its Constitutive Act, the African Union suspended Niger, Burkina Faso and other member states of the African following unconstitutional change of governments.”
“From the facts in support of this application it is indisputable that the defendants are members of the African Union which are bound to comply with its Constitutive Act as well as the African Charter on Human and Peoples Rights (African Charter) the Protocol on Democracy, Good Governance and Elections of the African Union as well as the International Covenant on Civil and Political Rights (ICCPR).”
“The gravamen of the complaint of the Applicant is that the Defendants took part in the decision of African Union to admit Morocco to the African Union when it has not ceased to occupy parts of the territory of Western Sahara, a member state of the African Union.”
“It is the submission of the Applicant that by supporting the admission of Morocco to the African Union the defendants deliberately violated articles 3(b), (g), (f) and (g) of the African Union which require them to defend the sovereignty, territory, integrity and independence of the members states of the African Union including Western Sahara.”
“The defendants have colluded with Morocco in the subversion of the basic principles of the African Union to respect the borders existing on achievement of independence.”
“The African Charter on Human and Peoples’ Rights which provides that: ‘’Nothing shall justify the domination of a people by another. All peoples shall have the unquestionable and inalienable rights to self-determination. They shall freely determine their political status.” Vanguard
Eliud kipchoge clocked 2 hours, 1 minute, 9 seconds to shave 30 seconds off his previous best mark of 2:01:39 set on the same course in 2018. [Twitter].
Two-time Olympic marathon champion Eliud Kipchoge on Sunday broke the World Record in Marathon after setting a new record in Germany.
Kipchoge won the race in 2:01:09 over the gruelling 26.2 miles to set a new record at the Berlin Marathon In the process, breaking his own record he set four years ago at the same course.
Kipchoge run the first half of the race in 59:51, almost a minute less than what he had asked for in his pace notes; 60:50.
He had gone through the first 5km in 14:14 and cleared 10km in 28:23, well within his 2018 World Record. Kipchoge set the previous record time of 2:01:39 in the German capital.
Kipchoge slowed over the second half, running 61:18 for the second half after going out in 59:51 for the first 13.1 miles.
Kenya's Eliud Kipchoge crosses the line to win the Berlin Marathon in Berlin, Germany, Sunday, Sept. 25, 2022. Olympic champion Eliud Kipchoge has bettered his own world record in the Berlin Marathon. Kipchoge clocked 2:01:09 on Sunday to shave 30 seconds off his previous best-mark of 2:01:39 from the same course in 2018. (AP Photo/Christoph Soeder)
The last pacemaker dropped off at the 25k-mark, leaving Kipchoge on his own, but Belihu remained on his heels.
Kipchoge slowed somewhat in reaching the 30k-mark in 1:25:40. Belihu was unable to keep up and followed 21 seconds behind before dropping further back.
He still won by 4:49 over Kenyan Mark Korir.who was second, nearly five minutes behind, followed by Ethiopian runner Tadu Abate. Belihu, who had stayed longest with Kipchoge, finished fourth in 2:06:40.
Eliud Kipchoge, center, waits for the start of the Berlin Marathon in Berlin, Germany, Sunday, Sept. 25, 2022. (AP Photo/Christoph Soeder)
Following the win, the 37-year-old Kipchoge said: “My legs and my body still feel young, but the most important thing is my mind, and that also feels fresh and young. I’m so happy to break the world record.”
Kipchoge became the first man to run the marathon in less than two hours in INEOS 1:59 Challenge in 2019 in Vienna, Austria.
Kenya's Eliud Kipchoge crosses the line to win the Berlin Marathon in Berlin, Germany, Sunday, Sept. 25, 2022. Olympic champion Eliud Kipchoge has bettered his own world record in the Berlin Marathon. Kipchoge clocked 2:01:09 on Sunday to shave 30 seconds off his previous best-mark of 2:01:39 from the same course in 2018. (AP Photo/Christoph Soeder)
2022 Berlin Marathon top-10 results and notable finishers from men’s and women’s elite and wheelchair races. Full searchable results are below
A section of Kenyans have come out to condemn Deputy President Rigathi Gachagua’s remarks suggesting the government would soon permit farming in gazetted forests.
Gachagua was referring to a practice known as forest farming (shamba system) which entails the cultivation of crops under a managed tree canopy.
Speaking in Eldama Ravine on Saturday during the burial ceremony of Baringo Deputy Governor Charles Kipng’ok, Gachagua said that the Kenya Kwanza government will bring back the controversial ‘shamba system’ that allowed Kenyans to farm inside forests.
“We used to have the shamba system that allowed our people to plant maize in forests as they tend for trees. Once trees grow, they leave,” he said.
“This is your government. We will direct that those managing forests will allow our people to cultivate so that we can have more food,” he added.
Gachagua further fired at government officials in President Uhuru Kenyatta’s dispensation over what he termed as insensitive policies that disregarded the role of locals in protecting forests.
“People who had protected forests in their areas were even stopped from picking dried up branches as they were left to decay,” the DP said.
His remarks, however, attracted varied reactions from Kenyans with most condemning the move.
Reuben Kigame, a renown gospel musician, criticized Gachagua’s statement, saying such a policy directive would lead to grabbing of forests.
“Another bad start for the new government. There goes our forests at a time we are fighting climate change. Please watch and help me say no to the grabbing of our forests,” he tweeted.
Lawyer Miguna Miguna also backed Kigame’s position. He said: “I agree. Rigathi must avoid these kinds of roadside declarations. Farming in forests is a very bad idea.”
Senior Counsel Ahmednasir Abdullahi also chastised the DP.
“Farming in gazetted forests is land grab aka Moi/KANU. FULL STOP,” he wrote on his twitter.
Kakamega Senator Boni Khalwale also criticized the move. By VILENTA WAKWELO, Capital News
An image of the 16-seater vehicle that was involved in a head-on collision along the Nairobi-Mombasa highway on Sunday, September 25, 2022 - KENYANS.CO.KE
At least five people lost their lives after a 16-seater public service vehicle (PSV) was involved in a grisly accident at Kanga, Mtito Andei, along the Mombasa-Nairobi highway.
Confirming the tragic incident, Kibwezi Sub-County Police Commander George Kashmir stated that three children, a woman and the driver of the matatu died on the spot.
Kashmir noted that the vehicle heading to Nuu, Kitui County from Mombasa rammed into a lorry as it attempted to overtake another vehicle.
An image of the 16-seater vehicle that was involved in a head-on collision along the Nairobi-Mombasa highway on Sunday, September 25, 2022. KENYANS.CO.KE
"Three children aged one, three, and four years, a woman, and the driver of the matatu died on the spot during the 11a.m accident," the police commander reported.
The bodies of the five were ferried to the Makindu Sub-County Hospital mortuary. Kashmore stated that 11 other passengers were pulled out of the wreckage by eyewitnesses.
Survivors were rushed to the Mtito Andei and Makindu Sub-County hospitals where they are receiving medical attention. The police have launched investigations into the matter.
Kinatwa Prestige Sacco Chair Daniel Mutuku confirmed that the vehicle registered under plate number KDB 620Y involved in the mid-morning accident Is enrolled with their Sacco.
Police at the scene kickstarted the process of moving the wreckage and the overturned lorry from the road. In addition, they also stationed traffic marshals to control the build-up that resulted from the accident.
In 2017, Kanga area along the Mtito Andei-Voi stretch was listed by the National Transport and Safety Authority (NTSA) as a blackspot.
In a road safety drive dubbed 'Fatal Six', NTSA listed speeding and lane indiscipline among the leading causes of loss of lives on Kenyan roads. Others listed include driving under the influence, distracted driving, failure to wear helmets and failure to use footbridges.
According to outgoing Government Spokesperson Cyrus Oguna 4,579 Kenyans lost their lives in road accidents in 2021. By Paul Kurgat, Kenyans.co.ke
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An ETR machine approved by KRA FILE
A KRA van spotted during a crackdown in Nairobi on Thursday, March 18, 2021. TWITTER By Derrick Okubasu, Kenyans.co.ke
