Kenyan MPs Reject KRA’s Bid for Sweeping Data Access in Finance Bill 2025
The decision has been widely praised on social media, with posts on X highlighting the committee’s stance as a victory for privacy rights.
Parliament building.
By Brenda Muriithi
The National Assembly Finance Committee has recommended the removal of Clause 52 from the Finance Bill 2025, dealing a significant setback to the Kenya Revenue Authority’s (KRA) proposal to access sensitive personal and financial data of taxpayers without consent.
The clause, which aimed to repeal Section 59A(1B) of the Tax Procedures Act, would have allowed KRA to compel businesses, including banks and mobile service providers, to share customer data such as bank statements and mobile money transactions.
The committee, chaired by Molo MP Kuria Kimani, cited constitutional and legal concerns in its report, stating that the provision violates Article 31(c) and (d) of the Kenyan Constitution, which guarantees the right to privacy.
“The provision does not meet the constitutional threshold and contradicts Section 51 of the Data Protection Act, which provides clear guidelines for exemptions to data protection,” the report noted.
The proposal faced strong opposition from stakeholders, including the Law Society of Kenya (LSK), audit firms like KPMG East Africa, and civil society organizations.
Critics argued that granting KRA unrestricted access to sensitive data risked breaching Kenya’s Data Protection Act of 2019 and could undermine citizens’ privacy rights.
During public hearings, LSK and others called the clause “overly broad,” warning it could enable KRA to access vast datasets without adequate safeguards.
KRA Commissioner General Humphrey Wattanga defended the clause, arguing it would enhance tax compliance and help meet revenue targets. However, the committee emphasized that existing legal mechanisms, such as obtaining a warrant under Section 60 of the Tax Procedures Act, already provide KRA with sufficient authority to access data lawfully.
The decision has been widely praised on social media, with posts on X highlighting the committee’s stance as a victory for privacy rights.
“MPs reject Finance Bill 2025 clause that would’ve given KRA access to private financial data without a court order,” one user noted, reflecting public sentiment against the proposal.
The committee urged KRA to pursue compliance through existing legal frameworks, reinforcing Kenya’s data protection laws and individual privacy rights.
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