Nyanza To Be Double Taxed Under The New Constitution

By Mwarang'ethe

On 27th August, 2010, the day Kenyans promulgated a “new constitution,” the Kenyan Prime Minister, Raila Odinga told us that, in accordance with the best constitutional experts, we are “Free at last, from the tyranny of the State,” as we read here. On his part, the President, Mwai Kibaki told us that, “It’s a new dawn for Kenya, and we deserve to celebrate,” as we read here:

To reinforce this wonderful message, Julius Kipng’etich, he of the KWS, told us jubilantly this: “Ready for takeoff: Finally, Kenya has a blueprint to be an economic powerhouse,” like Singapore, Honk Kong and Botswana as we read here:

On our part, we declare that, to rely on so called constitutional law experts to draft a constitution was a terrible mistake. What we needed are men and women well versed with Ancient, Middle Ages and Modern history (history of rise and decay of civilizations), economics (history of economic ideas), philosophy (moral philosophy) and sociology. With such people, we would only need a single lawyer, who need not call himself pompous names such a constitutional law expert, for his job will be that of a mere draftsman. This is a heavy charge against eminent lawyers like Ghai and Nzamba Kitonga. However, we shall support it by demonstrating how Nyanza, a region that has suffered terrible economic injustice in the past will now be double taxed under this wonderful “new constitution ” of theirs.

On 31st May, 2010, the DN reported this: “Fishermen on Lake Victoria to pay fee.” See here . Among other stuff, we read this: Fishermen on Lake Victoria will soon start paying fees to be allowed to ply their trade on the water body. This is one of the ways that a joint fisheries ministers meeting between the three countries using the lake came up with as a source of funding. It is among a raft of measures aimed at raising money to run affairs of the sector. Also, “All countries must ensure that the landing site user fee is legislated as a funding mechanism for Beach Management Unit.”

By introducing land rent on the Nyanza fishermen, the Kenyan government is telling them this. No other Kenyan will pay taxes to maintain the lake. All the revenue to maintain the lake must therefore, come from those who benefit from resources provided by Nature. This is the way forward, and we fully support this proposal. Our proposal along these lines can be read under “Proposed Constitution: Land Question Mishandled ". However, note this very carefully. In addition to this land rent, the poor Nyanza fishermen will also pay other taxes such as VAT when they buy necessities of life like salt and sugar.

If the poor fishermen from Nyanza must exclusively pay to maintain “their” lake, how do we propose to treat those others who “fish” in waters called Nairobi, Thika road or Machakos etc? The answer is here. On 7th July, 2010, inquiring mind read this in the Standard: “Speculators anxious over Machakos land”.

Among other stuff, inquiring minds read this. A certain bare land in Machakos “turned into a fruitful vine overnight after the State made its intentions public on the development akin to California’s Silicon Valley.” In other words, when the State, whose tyranny we are told is over by Raila Odinga announced the INTENTION to build some infrastructure funded by the VAT paid by the poor fisherman from Nyanza, a lot of “investors” rushed to buy land to “secure vantage positions ahead of the technopolis."

Why are they doing this? Simple, "People who bought an acre at Sh300, 000 and less five months ago sold it at Sh800, 000 within a month." Simply, within a month, these so called investors pocketed Sh500, 000 while doing ABSOLUTELY NOTHING. So, who has made these millionaires and billionaire? The poor fishermen in Nyanza who must pay VAT, income tax to the Kenyan government so as to build the infrastructure which raises the value of the land for the FEW who are strategically placed. If you do not call this tyranny and ROBERY, then, we would like hear what you call it. Simply, ROBBERY just like that of a common thug with an AK 47, but, this time without guilt feelings because you can hide behind a fiction called State.

There have been endless talks about wealth gap between the Nyanza fishermen and “investors” such as the ones we read about here. Herein, we demonstrate the SOURCE. So, how do solve the problem? Extremely simple. Require those who “fish” in Nairobi, Machakos, Thika road etc to EXCLUSIVELY pay for the privilege of “fishing” in such rich waters. In other words, STOP ROBBING the poor Nyanza fishermen via VAT etc, and require those who occupy Muthaiga, Karen, Thika road, Kiambu, Machakos to pay for the police, roads, and sewage.

Where will they get the money from? Only a constitutional lawyer cannot see what a fool can see. Take the sh500, 000 as an example for all the land surrounding the technopolis and fund the common infrastructure therein. If these so called “investors” (gamblers) want to get rich, we are very happy with that, but, let them develop the land and build factories so as to create real wealth if they are men and women of substance. Even better, we will leave them to pocket all the gains once they pay land values.

There are those like Phil, Chris, and Philip who have asserted that, we are utopian. Fine. We ask why is it utopian when we demand that, those who occupy land in Nairobi be treated in the same manner as we propose to treat the poor fishermen in Nyanza? In all honesty, we have demanded what is just in law and equity. This is so because; we have demanded what is right before God and Man.

Let the useless land speculators who unlike the Nyanza fishermen who give us food relinquish land values created by poor fishermen from Nyanza so as to fund the necessary infrastructure. So, implemented, we would relieve the long suffering fishermen from this state sanctioned tyranny and robbery? This is the SIMPLE formula for liberty and wealth creation.

However, instead of such a simple formula, Kenyans have come up with complicated nonsense to hide their naked formulas of oppression. We denounce these complicated formulas for what they are. The shameless shifting of the man’s curse that; he shall eat bread from the sweat of his brow, to the shoulders of his helpless brother. We therefore, violate both Divine and Natural laws for we build a nation in total disregard of true nature of both physical and moral nature of man. Nothing built upon such rotten foundation can stand. A heavy price shall be paid for this attempted impunity.

Many conclusions flow from above observations. Firstly, the failure to adhere to what we have said has brought about so called welfare state. However, anyone versed with the history of this stupidity from the Roman times, knows where all is going to end up. Even worse, when we refuse to take what is social wealth by privatising it, we drive the land prices up through speculation which eats all our bank credit as they try to grab a piece of the free lunch instead of funding real wealth creation.

The consequences for this are very grave for we squeeze industrial capitalist’s profits and thereby, wages for the labour. How we intend to industrialise a nation of low profits and low wages is unknown to us. In other words, we have squandered the greatest opportunity to lay a firm and just foundation for industrializing our nation so as to remove want among our people.

Some will tell us about the land commission that is forthcoming. Well, our answer is that, we have seen this movie many times in history and we are pretty sure what is going to happen. For instance, the “new constitution” talks about limiting the size of land. As the Machakos story educates us, it is not size that matters, it is three things. Location, location and location.