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EOI requests are appeals by a country’s tax authority to another for disclosure of data on the financial accounts, assets held or income earned by their citizens in foreign countries. PHOTO | SHUTTERSTOCK/Photo Courtesy 

Amid increasing fiscal pressures and debt sustainability in African countries, governments are now making use of exchange of information agreements available to them more than ever.

Last year, the amount of tax revenue raised by countries on the continent from exchange on information (EOI) requests increased steeply from $71.5 million in 2022 to hit $2.3 billion, the highest level in over 10 years, according to the Tax Transparency in Africa Report 2024 published by the Africa Initiative last week.

This was a result of increased use of EOI and automatic exchange of information (AEOI) between countries to net tax cheats stashing money and other assets in offshore accounts to evade taxes in their home countries.

In 2023, the number of exchange of information requests sent to other jurisdictions around the globe by African countries increased by 67 percent to 888, up from only 531 in 2022.

Read: Kenya tax plan to hurt business, economic recovery

Exchange of information requests are appeals by a country’s tax authority to another country for disclosure of data on the financial accounts, assets held or income earned by their citizens in foreign countries.

 

Traditionally, African countries have utilised the avenues available for such EOI arrangements much less that others. The requests Africa has received over the years has been significantly larger than those they sent, highlighting their slow adoption of the agreements.

For instance, in 2022, countries on the continent made only 531 requests, but received about 683 requests from other jurisdictions requesting information on their nationals. Ten years ago, Africa made only 38 requests, but received 279 requests on average.

This is no longer the case.

“In aggregate, African countries also became net senders of EOI requests in 2023 making a total of 888 EOI requests, the highest number since the Africa Initiative was established,” the report says.

Africa Initiative is a project started by the Global Forum on Transparency and Exchange of Information for Tax Purposes in 2014 to boost Africa’s ability to utilise EOI avenues for them to curb tax evasion and boost revenues.

At least 19 countries utilised EOI avenues last year, up from 15 in 2022, an indication that countries on the continent are increasingly appreciating the need for the tax transparency platforms available to them.

While the data on how much each country raised in additional revenue from EOI is not disclosed, the Global Forum has previously disclosed that four countries — Kenya, Tunisia, Algeria, and Nigeria, dominate the requests made, accounting for over 90 percent of all the requests.

The increased use of these EOI frameworks comes at a time when most African countries are suffering a cash squeeze, as debt servicing costs soar and grants from rich nations dwindle.

According to the Global Forum, utilising these EOI avenues is a crucial way of boosting tax revenues in Africa, and also combating illicit financial flows (IFFs) across the globe to end financial crimes and tax evasion.

“The remarkable additional revenues identified by African countries in 2023 emphasises the relevance of EOI to fighting IFFs from Africa and its potential to generate substantial resources domestically and support other DRM (domestic resource mobilisation) efforts,” the organisation noted in the report.

Read: East Africa is set for higher growth rate due to its diversified economies

Latest data from the International Monetary Fund (IMF) reveals that most African countries are expected to narrow their fiscal deficits this year, which will only be made possible if tax revenues increase as their headroom for more borrowing has also grown small.

On average, the budget deficit for the continent is expected to slim to 3.7 percent of gross domestic product (GDP) this year, from about 4.1 percent last year and 4.4 percent in 2022.

At the same time, the IMF expects the continent’s average debt-to-GDP ration to drop from 60.1 percent in 2023 to 58.5 percent in 2024, an indication that most countries will be taming their appetite or debt financing this year compared to previous years.

But these projections by the multilateral lender appears to have put more and more countries on the continent to raise tax revenues as other sources of financing, including aid from richer countries, have also been on a downward trajectory in most countries.

In the region, countries appear to be overstretching their limits to raise more money from domestic revenue mobilisation efforts. Kenya, for instance, last year introduced a raft of new taxes that were expected to lift its ordinary revenues from Ksh2 trillion ($15.4 billion) in the 2022/23 financial year to Ksh2.6 trillion ($20 billion) in the current financial year.

In the coming financial year, Nairobi expects additional tax measures to generate at least Ksh324 billion ($2.5 billion), raising its total tax revenues to Ksh2.9 trillion ($22.3 billion).

In Uganda, the government has introduced several new tax measures for the coming 2024/25 financial year, intended to raise tax revenue by Ush1.9 trillion ($488 million) to fund the Ush58.3 trillion budget for the coming year.

Other countries in the region are also exploring new ways to raise tax revenues to finance their coming year’s budgets, and the EOI approach seems to be gaining momentum amongst them. By VINCENT OWINO, The East African 

L-R: MPs Michael Mawanda Maranga, Ignatius Wamakuyu Mudimi, Paul Akamba and lawyer Julius Kirya in court

Another three Ugandan MPs have been remanded to Luzira prison over allegations of engaging in corruption practices.

Micheal Maranga Mawanda (Igara East), Ignatius Wamakuyu Mudimi (Elgon County) and Paul Akamba (Busiki County) were on Friday remanded by the Anti-Corruption court in Kampala on charges of diversion of public resources. 

The trio, alongside city lawyer, Julius Kirya of Kirya Company Advocates and others still at large, allegedly conspired and collectively diverted over Shs 7.3 billion for their personal use between 2019 and 2023. The funds were meant for war loss compensation to Buyaka Growers Cooperative Society in Bulambuli district.

Chief magistrate, Joan Aciro, remanded them until next month July 9. The MPs are also charged with Leonard Kavundira, the principal cooperative officer in the ministry of Trade. Kavundira however was not among the remanded persons because he was not in court when the charges were read. 

This comes just a week after two other MPs; Cissy Namujju (Lwengo Woman) and Yusuf Mutembuli (Bunyole East) were also remanded to Luzira over different corruption charges. The arrests of the legislators come after President Yoweri Museveni separately said during the State of Nation Address and budget reading at Kololo Ceremonial Grounds that he now has evidence implicating MPs and officials at ministry of Finance and Bank of Uganda who have been conspiring to steal public funds via inflated budgets and kickbacks.

The prosecution alleges that Mawanda in October 2021 while in Kampala, diverted public funds amounting to over Shs 1.5 billion. On the other hand, Wamakuyu and Akamba allegedly diverted Shs 2.3 billion and Shs 200 million respectively for their personal benefits. Kirya allegedly also diverted Shs 2.2 billion.

The suspects however denied the charges sanctioned by director of public prosecutions (DPP), Jane Frances Abodo. The prosecution led by Raymond Mugisa, Jonathan Muwaganya and Edward Muhumuza informed the court that investigations into this matter were complete and asked for a hearing date such that the trial could commence.

Baguma said the disclosure involves protocol and asked the court to remand the accused persons for 14 days as the law requires and also to give the state more time to prepare the voluminous documents about the case set to be shared with the lawyers of the accused persons.

Mawanda has since instructed a team of seven lawyers led by former deputy attorney general Mwesigwa Rukutana to defend him against the allegations. Rukutana informed the court that they were not ready to apply for bail for their client since he had been held incommunicado (without being allowed to speak to anyone) by police and didn't get time to interact with him. Rukutana further told court that MP Mawanda's bail application be deferred to another date.

Similarly, lawyers; Caleb Alaka and Evans Ochieng said they didn't know when their client Wamakuyu would be produced in court and how many charges would be preferred against him. Akamba's lawyer, Roberts Mackay said his client has been in state custody for seven days and they have been looking for him without success.

He said they did not know the whereabouts of Akamba and were surprised to see him in court in the same clothes that he was wearing when he got violently rearrested by security agents after being granted bail by court a week ago. They told court that Akamba is still recovering from the mental shock he suffered from his rearrest.

Meanwhile, criminal summons have been issued requiring Kavundira to appear in court next Monday, June 24. The suspects in the cooperatives cash scandal were arrested by the State House Anti-Corruption Unit (SHACU), headed by Brig Gen Henry Isoke.

Several Patriotic League of Uganda (PLU) supporters led by their secretary general, David Kabanda camped outside court premises after being blocked by security from entering court. The PLU supporters were donning T-shirts bearing images of Mawanda and Chief of Defence Forces (CDF) Gen Muhoozi Kainerugaba. Mawanda is the chairperson of the disciplinary committee in PLU. By URN/The Observer

The Council decided  that the post-ATMIS Mission must be given a strong political mandate, with scope, size, posture, composition, and duration aligning with existing security threats and Somalia Security Forces readiness and capacity to assume full security responsibilities.

The African Union (AU) Peace and Security Council(PSC) has endorsed the establishment of a new AU-led Mission for Somalia to succeed African Union Transition Mission in Somalia (ATMIS).

In a communique released after the 1217th meeting in Addis Ababa, Ethiopia on Thursday, the PSC emphasized that that the new AU-led Mission should focus on supporting Somalia to further degrade the Al Shabaab terrorist group.

The Council also stated that the new mission should further provide security and prioritize the protection of civilians in Somalia.

Further the PSC maintained that the new Mission should prioritise support to the security and political stabilisation of Somalia.

“The new AU-led Mission should also assist the stabilization and security of Somalia, enabling state-building priorities and ensuring a coherent and orderly transfer of security responsibilities to the Somali authorities and increasingly capable security force,” PSC said.

It also tasked the new mission wih establishing of clear lines of communication, joint planning processes, centralized command, control andd co-ordination structure as recommended in the Joint Technical Assessment.

The PSC welcomed  the progress made in Somalia since the deployment of the African Union Mission in Somalia (AMISOM) in 2007 and its reconfiguration to the African Union Transition Mission in Somalia (ATMIS) in April 2022.

The Council decided  that the post-ATMIS Mission must be given a strong political mandate, with scope, size, posture, composition, and duration aligning with existing security threats and Somalia Security Forces readiness and capacity to assume full security responsibilities.

Additionally the council decided  that the mandate of the post-ATMIS mission should respond to Somalia’s political and security realities and provide realistic timelines tailored to Somalia’s requirements and ATMIS aspiration for a smooth, orderly, successful, and clearly benchmarked incremental transition of security responsibility to the Somali security forces.

 

“In this regard, the PSC requests the AU Commission, in consultations with ATMIS, the FGS and all relevant stakeholders, to submit, by the end of July 2024, a Concept of Operations (CONOPs) that proposes a mandate and configuration for the new mission, and clear benchmarks and timelines for the transition from ATMIS to the new mission as well as the duration of the new Mission,” the PSC said.

Further, the Council requested the AU Commission, in consultation with the UN Secretariat, to develop financing options for the new Mission, including through UN Security Council Resolution 2719 (2023) along with establishment of additional complementary financing sources to guarantee financial stability for the mission.

The PSC further said that that it “strongly supports” the submission by Somalia on May 17and 17 requesting a phased approach to the Phase 3 Drawdown of ATMIS, with the 4000 personnel divided into two tranches that will see 2000 troops leave by the end of June 2024 and 2000 by the end of September 2024.

The council noted that that the exit of ATMIS needs to be carefully harmonised with the follow-on mission that replaces it, including the harmonisation of TCCs, to ensure that there is no security gap between December 31, 2024 and January, 1 2025.

“In this regard the PSC, requests the AU Commission to undertake consultations, in collaboration with the TCCS, FGS, and UN and report back to Council by the end of July 2024, on how to ensure a smooth transition to the new AU-led mission without leaving a vacuum,” the PSC stated.

The Council reiterated the AU’s solidarity with the people government of Somalia in their aspirations for durable peace, security, stability, and prosperity, which will they say will benefit the Horn of Africa region and the Continent as a whole. By Bruhan Makong, Capital News

FILE - Namrata Hinduja, left, and Ajay Hinduja, second right, arrive with lawyers for their trial in Geneva, Jan. 15, 2024. A Swiss court on June 21, 2024, acquitted the Hindujas of trafficking but sentenced them to prison for exploiting workers.
 
Comedian Eric Omondi is roughed up by anti-riot police officers during the anti-tax protests on June 20, 2024.[Elvis Ogina, Standard] 

After a week of intense protests against one of the most controversial taxation bills of Kenya’s independence, the people and public authorities have to wonder what is going to happen next. Widely understood as a rejection of the Finance Bill 2024, the tensions unmask a systemic problem with public participation, policymaking and policing. 

Anti-tax rebellions are not new to Kenyan history. In 1921, patriots in the Luo community formed the Young Kavirondo Association to challenge onerous hut taxes, joblessness, the kipande system and colonialism. The Kavirondo tax rebellion is one of Kenya’s most iconic struggles for human rights and inclusive governance. It is bizarre that over a century later, the Kenyan State faces an almost identical rebellion.

Historical parallels 

Swop the British Colonial Office with the International Monetary Fund, compare the hut taxes with the digital, car and everything-of-value-to us taxes and the historical parallels are clear for us all. Like their twentieth-century ancestors, the face of the demonstrations that took place across 19 counties this week is very youthful. They are also digitally empowered, women-led and fearless in the face of the police. Oh, and for some of you reading this, politicians and police commanders as well, they are your adult children.

Attempts to brand them as disaffected and jobless looters fell flat as the protestors remained largely peaceful in their thousands. Police arrested close to 400 protestors on Tuesday and released them without charges. Three were brought to the Milimani High Court but with defective charges that couldn’t be upheld. Thursday saw even larger protests across Nyeri, Nakuru, Kisumu, Uasin Gishu (Eldoret), Isiolo, Kisii, Laikipia (Nanyuki), Kilifi, Garissa, Kiambu (Thika), Kakamega, Nairobi, Meru, Kericho, Kirinyaga, Mombasa, Embu, Machakos and Migori.

At least 115 persons have been arrested across the 19 counties with Eldoret (80) and Nairobi (20) seeing the most arrests. About 200 people were injured in Nairobi alone. Chief Inspector David Karuri Maina tragically lost both his arms when a tear gas canister he was preparing to hurl at protestors exploded in his hands. 

Despite statements calling on the police to exercise restraint, the first fatality and #RejectTaxationBill martyr, Rex Kanyike Masai was shot dead in the darkness of Thursday night. It remains to see whether the State will also offer compensation to the family of Rex Masai as they have for David Maina.

The national police command and security agencies find themselves at a crossroads once more. Accelerating the use of lethal force and live bullets, more lives could be lost and the inevitable lawsuits against commanding officers will increase. For the national executive, unlike the cost-of-living maandamano protests in 2023, they do not have familiar faces to deal with. The street leadership is both resolute and leaderless and their demands are evolving by the day. By Irungu Houghton, The Standard

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