The Kenyan government is proposing to amend the Data Protection Act to allow the Kenya Revenue Authority (KRA) to access and analyze bank and mobile money transaction data, including M-Pesa accounts, in order to identify potential tax discrepancies and catch tax evaders.
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This controversial plan is part of President William Ruto’s strategy to broaden the country’s tax base and raise revenue, as the KRA has been missing its targets in recent years. The KRA intends to integrate its tax system with telecommunication companies to gain unfettered access to customer transaction data.
However, the proposal has drawn heavy criticism from consumer rights groups like the Consumer Federation of Kenya (COFEK), who argue it violates consumer privacy rights guaranteed by the constitution and consumer protection laws. There are concerns it could force people to revert to using cash instead of mobile money.
The KRA believes monitoring the hugely popular M-Pesa platform, which accounts for nearly all mobile money transactions in Kenya, will provide a treasure trove of financial data to help identify individuals and businesses whose tax payments do not match their spending on assets like real estate and luxury vehicles.
The government is seeking to increase tax revenue to KES 3 trillion ($24.2 billion) in the next fiscal year to fund its ambitious budget plans. But the plan to allow the KRA to access sensitive personal data without a court order has been described as “worrying” by legal experts.