Local Government Property Tax Administration and Collaboration with Central Government: Case Studies of Kiambu, Laikipia, and Machakos Counties Kenya

Local Government Property Tax Administration and Collaboration with Central Government: Case Studies of Kiambu, Laikipia, and Machakos Counties Kenya

Property taxes are a major source of revenue at sub national levels in most countries, with significant implications for state building and public accountability. However, their administration is complex and in most cases the process involves both national and sub-national governments. In Kenya, county governments have legislative authority to levy property taxes and the responsibility to finance some of the cost of the services they provide.

Counties face several challenges in administration of property tax like: weak collection systems, infrastructure, administrative and technical capacity and weak links between taxes and service delivery.

Some of the findings from the study is that the counties under study did not obtain complete land registers from the defunct local authorities and some did not have complete and updated property valuation registers. Further, some of the existing valuation rolls are outdated and weakly automated. This contributes to poor tax administration, revenue leakages and inefficiencies.

These challenges present potential areas for collaboration between national and county governments in property tax administration, including through information and data sharing, capacity building, automation, mapping, zoning and updating of valuation rolls and land registers. It is hoped that the findings and case material in this study will be useful both to tax researchers and to policymakers. The study helps to fill a gap in the literature regarding implementation challenges at a practical level. Policymakers at both national and county levels have a great deal to gain from strengthening property tax administration systems, but doing so will require greater transparency and more pronounced willingness to collaborate than currently exists.

Kenya taps innovative digital mapping to enhance public participation

Kenya taps innovative digital mapping to enhance public participation

Counties of Kenya

Kenya is well known for its innovation in technology, particularly mobile technology in cash transfers. These innovations have largely been championed by the private sector and young entrepreneurs.

In contrast, the public sector tends to play catch up adopting new technology, and that has remained true in implementing Geographic Information Systems (GIS). GIS, also referred to as digital maps, is utilized to capture, store, analyze, manage, and present geographic data.

Previously, digital mapping was commonly used in urban planning, zoning and other forms of spatial plans. Increasingly digital maps are being used to provide information on the status, cost and location of development projects.  This approach has mainstreamed the use of digital maps in planning, communication and information sharing across other sectors.

Such sectors include citizen and stakeholder engagement critical for the success of development initiatives. Digital mapping is particularly important for public participation, such as through participatory budgeting which aims to improve how counties spend public money on development.  This is especially because public participation requires that citizens have accurate and up to date information.

Although many GIS are difficult for citizens to use and are also inaccessible, OpenStreetMap (OSM)is a free Wiki world map that is accessible for anyone to update and use. A quick review of the OSM will reveal that most parts of our country Kenya are not mapped. The information on the basic facilities, amenities, structures, and features are not available even for our cities and main towns. They appear as a blank area on the map. A similar review of cities and towns in western countries on OSM shows that most spatial and commercial information is readily available.

A local institution, Map Kibera Trust, with the help from citizen volunteers and with the support from the World Bank who is funding the Kenya Accountable Devolution Program (KADP), used OSM to map the locations of schools, health facilities, churches, and other social amenities and other facilities on the map of Makueni. They provided the status of the projects that have been implemented by the Makueni County.

Counties can also adopt affordable and accessible digital maps to improve citizen participation and expand available information. For instance, the mapping pilot project with Map Kibera Trust, a group of young people were trained to use a mobile phone application, Open Data Kit (ODK) to collect GPS coordinates of development projects that have been implemented by the counties, as well as important features and points of interest.

This information was uploaded onto the OSM by the youth with the help of GIS mappers. The involvement of citizens in collecting information on projects facilitated verification of the implementation status of the projects. These maps have created considerable relevant new information for the local communities.

Participatory budgeting decision making demands up to date detailed information that would enable the public to make decisions  on the nature and types of investment that should be done in their counties. In an effort to facilitate decision making, one county would use rudimentary mapping exercises using flip charts, papers and markers pens during their participatory budgeting process.

Every year, they would update the paper maps, and it became apparent that there was a need to digitize the process. The introduction of digital maps to this process would significantly enhance the decision-making process.

GIS mapping will enable counties to have better map coverage; counties can host and manage web maps that are accessible to the public and can easily be updated and expanded in a participatory manner. At the same time, the maps can be printed for usage by the community members during the participatory planning and budgeting meetings.

The required investment for developing, maintaining and expanding the OSM digital maps is much lower while ensuring that counties can have relevant up to date digital maps that can be developed and updated locally by the county officials in partnership with citizens. Investment in training and capacity means subsequent updating and maintenance will be at a minimum cost.

The GIS maps will enhance development planning, equitable sharing of resource as well as communication and public relations.

Posted Previously on the World Bank Blog.

Let Counties Seek Participation Benefits

Let Counties Seek Participation Benefits

Community sharing priority projects for budgeting in.

Public participation is one of our national values articulated in Article 10 of the Constitution and pervasive throughout the constitutional and other laws.

It is a cornerstone for the success of Kenya’s devolution agenda of promoting self-governance and the vehicle for delivery of efficient services throughout the 47 counties.

With all its pervasiveness, however, public participation has remained a mystery and, to many Kenyans, a disappointment as they do not realise their expectations of the citizen forums.

Some county governments do public participation just to fulfil the legal and constitutional requirements but may not find it useful for the internal processes and decision-making.

To them, public participation incurs costs and takes time they could well do without.

The public experience equal levels of frustrations and disappointments.

TOP LEADERSHIP

So, what really makes public participation such a myth? Why do we have perhaps less than 10 per cent of the counties finding public participation meaningful?

The main challenge begins with the design of public participation in the counties. Essentially, public participation should be perceived as a process, not an event. A process that has very clear series of activities and expected outcomes.

Public participation must be championed by the top leadership for it to work effectively. It must be owned by the public officials — the technocrats — who are expected to implement it.

It’s the technocrats who roll out the political leadership agenda; so, if they don’t believe in it, or if they do not put in place the right mechanisms and processes for implementing it, then it does not bring out the expected benefits.

The political leadership sets the tone and facilitates the process and gives the necessary resources, allocates adequate time for the processes that ensures that the intended results are realised and reported against by the technocrats. In most counties, the citizen forums are held with the intention of involving the public in planning and budgeting purposes.

DEVELOPMENT DECISIONS

What would be the best indicator of the nod from the political leaders?

Firstly, where this has been successful, counties have allocated adequate resources to facilitate the process not just for ward level meetings but sub-locational or locational.

One of the counties, in choosing to really get close to the people and to facilitate them to make their own developmental decisions, held 168 sub-location level citizen forums, an increase from 25 ward level forums the preceding year. The number of participants increased from 349 to 11,600. So while the number of meetings increased six-fold, the actual participants increased 33 times.

Similarly, while the women at the 25 ward meetings had been only 37 (11 per cent), their numbers increased to 4,060 (35 per cent) at the sub-location. The gender aspects are easily visible, in that women had less barriers to attending the meetings if they were held near home.

The query that normally follows this significant increase in the number of meetings is, what was the cost implication?

While the number of participants rose by 33 times, the increase in the spending on the process merely doubled.

ALLOWANCES

The cost of holding lower-level meetings at sub-locations tends to be much less as communities meet in open spaces and only get soft drinks and bread for refreshment in a three-to-four-hour meeting.

Ward level meetings however, attracted spending such as transport costs, lunches, venue charges and other facilitation and allowances charges.

But why go to this great length? Why spend weeks to a month criss-crossing the county to get the views of the public every year to incorporate in the planning and budgeting decisions?

Does ‘Wanjiku’ know what her area development needs are? By all means yes. It’s presumptuous to assume that people who have lived all their lives in a place do not know what they need to make their lives better. At the very minimum, people will tell you that they need water, good roads, schools and health facilities.

INFRASTRUCTURE

The challenge will be to guide and facilitate them to prioritise, define what should come first, and when a project is complex — such as the roads, infrastructure or water — provide the technical feedback on the best way to realise their dreams. But, for sure, wananchi know what they need, and public participation forums should enable them to define, prioritise and then allocate the limited resources in their areas of priority.

For devolution to succeed, effective mobilisation for meetings, management of public forums by developing the rules of engagement, facilitating the prioritisation and allocation of resources, are the key elements to effective public participation.

Previously Posted in the Daily Nation.

Counties must generate and manage own revenue to win donor confidence

Counties must generate and manage own revenue to win donor confidence

Council of Governors Press Conference meeting to elect the new Chairman.
Council of Governors Press Conference

It is that time of the year again when the government prepares its budget and defines its financing options. It is the third year when this exercise is being carried out by 47 county governments and the national government – 48 governments in total.

In most cases, citizens are preoccupied with the proposed expenditures which articulate the intended development projects and the service provisions by the government. Citizens pay less attention on the financing options that the government intends to take.

This, however, has significantly changed with the onset to a devolved system of government. Sharing of the national revenues and taxation measures being taken by both national and county governments have become a key issue of discussion and contestation.

The county governments’ taxes, fees and charges in particular have elicited new interest, contestation and protest.

The responsibilities of county governments as established through the Constitution goes beyond the basic responsibilities that were the preserve of defunct local authorities. They go beyond providing basic services and ensuring that the public has access to social amenities.

The county governments are expected to facilitate the counties to move into a new trajectory of growth and development. Put simply, in a number of years Kenya should have thriving towns all over the country and eventually these county towns and urban areas should be upgraded to cities.

The county governments’ performance should eventually be measured by the extent to which they have managed to improve human security and the human development index.

The county governments’ performance should be measured against their economic growth, food security, creation of employment, and increased connectivity not only physical but technological (feeder roads, Internet), among others.

It is against this background that county governments prepare the County Fiscal Strategy Paper, the budget estimates and the Finance Bill. The County Finance Bill sets out revenue raising measures. It provides the details of what taxes, fees, levies and charges the county government has set that will enable it to raise its own revenues, in addition to income shared from the national revenues.

It is in the interest of the county governments to raise their own revenues, which gives them latitude to do more development and provision of services beyond what the shared national revenue can achieve.

However, if the taxes are perceived to be punitive and the accrued benefit to the citizens is not clear from the onset, this leads to non-compliance (avoidance and evasion).

In the recent past we have experienced protests, court cases and other legal and political interventions that have led to the annulment of taxation measures.

Own revenue is critical in that, firstly, these revenues can be used to augment the ongoing development projects and service provision in the counties.

Secondly, own revenues can be crucial in county borrowing or contracting of debt. At this stage, county governments cannot contract debt because regulations have not been set and also because they can only do so when the national government agrees to guarantee the loan.

Based on the past performances of the local authorities and semi-autonomous government agencies whose debts the national government was forced to pay when they did not fulfil their obligations, it is expected that the national government would be wary of becoming a guarantor for any county any time soon.

Also considering that there are 47 counties, and accepting one application would mean accepting another, the debt contracting for counties is not likely to start soon.

However, a county government could justify borrowing if it has a solid track record of raising and managing significant own revenues consistently, efficiently and effectively. The extent to which a county generates and manages its own revenues may be the most justifiable basis for contracting debt in the near future.

Thirdly, donors are currently looking for opportunities to support counties in development projects and capacity building. In most cases, donors do not provide grants without a commitment of matching funds by the recipient.

Counties can negotiate major grants by having in place flexible own revenues which can be used as matching funds to donor grants.

In most cases, at least 10 to 30 per cent of a project fund must be contributed by the receiving government as a matching fund. In the first two years under devolution, most counties collected less than the defunct local authorities used to collect. This is despite increasing taxes, fees and other charges.

One of the reasons cited for poor performance in collecting own revenues was poor communication and lack of participation in determining the taxes, fees and charges.

The other reason for poor performance is that with a considerable high amount of national shared revenues, most counties did not pay attention to ensuring that their own revenues were collected efficiently and effectively. In essence, the revenue collectors rarely got the facilitation, motivation and supervision.

Most counties have also not addressed staffing issues as the inherited defunct local authorities’ staff are still unconfirmed in their new positions under the county governments.

County governments have to address these operational and staffing issues even as they look into the strategic issues that will enable them to raise their own revenues in an efficient, effective, predictable and equitable manner.

They have a clear mandate of spurring growth and development at the county levels, and mobilising own revenues can leverage other county resources from shared national resources and donor grants to achieve these critical objectives of devolution.

Posted Previously on Business Daily.

Let’s stop working and paying tax till our MPs come to their senses

Let’s Stop Working and Paying Tax Till our MPs Come to Their Senses

Kenyan Parliament Debating a Tax Bill
Kenyan Parliament

Kenya argues that it applies a progressive form of taxation where those with less pay less, and those with more are taxed more, but this is not true if the political class is treated differently.  

Acting Finance minister John Muchuki did not let me down after all; he did not remove the proposal to tax MPs from the Finance Bill and it therefore gave us an opportunity to see MPs as they really are. What do we do now that we know MPs only concerned about their stomachs?

I’m calling for civil disobedience. I’m asking, can all Kenyan workers — public, private, corporate, everyone — just remain at home and not go to work until MPs go to the House and do the right thing?

I’m asking, is it possible for the media to shut down and deliver no news for a day and make no money for a day to pass the point.

I’m asking, is it possible for all the civil servants to stay away for a day or more until the MPs are awaken to the reality that we don’t pay taxes so that they can give themselves hefty salaries?

I’m asking, is it possible for Kenya Airways to stop its flight and decide no tourist or any other person is moving to any place until the House gets its act in order?

After all, why should we all be working to contribute to the government revenue through our taxes when those in leadership can only pay themselves and not contribute?

Is it possible for the Kenya Association of Manufacturers, Kenya Private Sector Association and other private sector institutions call for a civil disobedience?

It is totally unacceptable for working Kenyans to be taxed so heavily yet, their Members of Parliament can determine their own salary and can also determine whether they can be taxed or not.

Our parliament is the only public institution that determines its own salary, determines whether to pay tax. In one bout of selfishness, they increased their salaries, allowances and even retirement packages without commensurate economic development to back such pay.

How come young MPs like Ababu Namwamba become so vocal on things not related to them directly, but when it comes to what is progressive but will affect them directly, they become completely numb?

Only Kangundo MP Johnstone Muthama is willing to pay tax. We want leaders who will mean what they say, and walk the talk.

Gender activists believe that if the House had more women, we would have a less selfish House, but alas, I’ve not seen any woman MP champion this course on taxes. Do women MPs just caucus to determine change rules like “women should be allowed to carry their handbags in the house”?

If I am too hard on women MPs it’s because we’ve not seen much from them except when Ms Njoki Ndungu worked on the sexual harassment law which was enacted by the Ninth Parliament.

If the House does not recollect itself quickly and reverse this selfish act, I propose that the media call the nation to civil disobedience. After all, we still have displaced families, in camps and they are displaced because they went to vote for change.

I am calling for civil disobedience. Let’s set the date when all shall stay at home because, if we cannot get the Government not to tax us, we can make them get less than what they would otherwise get.

Kenya argues that it applies a progressive form of taxation where those with less pay less, and those with more are taxed more, but this is not true if the political class is treated differently.  

I would like to appeal to the president of the republic to Kenya NOT to assent to the financial bill. Mr. President, it is either the government nets all the tax or nothing from the rest of us.  While the conscience of the Acting Finance Minister, John Michuki could not allow him to move the motion to delete the clause that would otherwise authorize the Kenya Revenue Authority to deduct MPs allowance, he seemed fine if someone else did move the motion to strike. In other words, it is fine to ensure the tax from other citizens and the Corporate be deducted as the House decides whether or not they should be taxed and by how much.

The die is not cast, neither is the matter rested. I don’t think Kenyans ought to wait for the Parliamentary Commission to discuss the how to tax the MPs, the Parliamentarians are not first rate Kenyans, therefore the same rules should apply to them.

When the President assented to the salaries increase in 2003, the parliamentarians, supported by the executive (never mind one is made up of a section of the others) argued that with the “proper salary structure” (read amounts) they would ensure that proper taxation is done and that they would avoid having the bulk of the salaries being in form of allowances.

They also argued that MPs should get a development fund hence the Constituency Development Fund.  This would then ensure that the MPs did not have to share his salary with there constituencies.  However, as soon as the two agendas were passed by the parliament, the issue of taxation was forgotten. It took five more years to actually get the government to introduce the taxation proposal.

The MPs argue that they give their “salaries” for burials, weddings.  They forget that we all do give to this events based on our level of influence and the amounts we have! In fact if we were to wait on our MPs for burial and wedding contributions, we might end up having unburied relatives and unwedded couples gauging by the dismal performance.

Mr. Henry Kosgei in his explanation as to why he doesn’t think he should pay taxes to KRA said that he would rather give the money to his constituency since he doesn’t know where the money will go if he gives it to KRA. Then let us apply this logic to ALL Kenyans.  Since we don’t know how KRA will spend the money, let each of us build their own road from our houses, our own hospitals near our homes – this is taking us back to barbaric years! Kenyans actually voted MPs to provide oversight over our finances, to check the government (KRA) and to ensure all our funds are spent in the right manner, how say he doesn’t know how KRA will spend the money? This says a lot of our MPs have no idea why they are in the House!  

At this point it seems we are operating under a Monarchy – where we all leave to serve the bidding of the king and he owns all the properties and people. He owns the land and determines when he wakes up, what new thing he wants ranging from a young virgin to satisfy his needs to a parcel of land, leave alone the fact that it may be a water catchment that would eventually affect many.  Unfortunately now the monarchy has over 200 kings and queens, all waiting to be satisfied. This is unattainable.

Kenyans are saying it either ALL or NOTHING, no taxation to the rest, if the finance bill will not include the taxation clause for the MPs.

Previously Posted in the Daily Nation.

Sarah Palin and Martha Karua, Is this what women are in politics, just a little seasoning of salt and pepper?

Sarah Palin and Martha Karua, Is this what women are in politics, just a little seasoning of salt and pepper?

The introduction of Sarah Palin as the running mate totally revolutionised the Republicans campaign. Suddenly there was a breath of fresh air for the Grand Old Party, with its grand old presidential candidate. The citizens went out to the meetings, to see and hear her! Why is the gender card becoming a very significant consideration? 

On the local scene, we saw one presidential candidate take a woman as a running mate but the election aftermath indicates that this choice was only to hoodwink voters and the candidate did not really see the running mate as even deserving nomination to the parliament when the party had at least two slots. 

Generally, “public” politics have been patriarchal in nature and have been a very difficult arena for women.  In most of the campaigns, women are assaulted not only because they are competitors but because they are women.  For instance a significant number of women candidates who suffered brutal attacks during the 2007 campaigns were targeted by their competitors because they are the “weaker” sex. 

So are women key players in politics? Are women likely to change the political scene? Do we expect better leadership with women in control? Or are they just considered a bridge to the women folk who tend to be the majority in any populace?

So women need to play politics from Realpolitik perspective, looking at what is in it for them! Looking at where does the power lie and how can they can amass it? Perhaps not. Women need to be the people who will introduce the new values in the political system. 

Shirley Chrisholm, the first black congressional woman, had to overcome two hurdles to get to that position; the hurdle of race and gender. But in her analysis, she stated “as a black person, I am no stranger to race prejudice. But the truth is in the political world, I have been far often discriminated against because I am a woman than because I am black”.

Over decades women have been demanding for equality – to be given equal chance or opportunities in education, in employment, just to mention a few. For instance, it’s not until the 80s when women at lower cadre in civil service were accepted as permanent and pensionable. It was argued that the women would benefit from their husbands packages in the future and therefore they did not deserve.  At the same time, women were and sometimes are still paid less for the same or even more work.  The society has been skewed against women and this scenario needs to be changed.

But the recent political scenes indicate that we are yet to overcome this hurdle – from America to Kenya – people still ask, are we ready for a woman president? In the dialogue against inequalities, this should be considered, the wrong question, the unfair question! Why should people ask this question?  There is a system of prejudice that lies unspoken behind that question.  To quote the words of Shirley “the unspoken assumption is that women are different.  They do not have executive abilities, orderly minds, stability, leadership skills and they are too emotional.”

So is this the reason why the candidature of Martha Karua is so unpalatable, or is it because she has introduced the succession debate too early? Why do people think she is the only one talking succession? Everyone else with possible candidature is actually working on the possibility of being given the mantel – look at Raila, Kalonzo, Uhuru. They are all positioning themselves for 2012. The only thing that differentiates them is where they are place in the political hierarchy. Our dear Martha, will have to work harder to be considered. So why not start early?

But is succession debate, discussions, positioning a bad thing for Kenya at this time? It seems bad, unnecessary, when it’s being done by one Martha Karua.  However, if we look carefully, everyone potential candidate is actually engaged in this process, discussions, lobbying and campaigning; only the processes are different due to the different positions each of the people hold. 

So if you are not in the club of the old boys, then you have to fight a little harder, use unconventional means and take a little longer since you are not likely to be an “Uhuru project”. So am all for Martha Karua, go gal!

During the trying times of our country early this year, Martha proved to be tough negotiator, principled politician and (many have misgivings about her role though but truth be told, if she did not stand firm, we would not be having a grand coalition, and our healing would not be any closer).  Actually someone defined Martha during that period “as the only man in Kibaki’s government”. Of course the statement is full of underlying prejudice that its only men who can do it; and that now that she is this strong, perhaps God gave her the wrong gender?

We ought to get rid of this prejudice and narrow mindedness. Women have and can do just as well in politics.

So women in politics, are not there just to spice things up, they are not the little salt or pepper we need to make the food tastier; they are not the people who add red and cream to the black suited parliament, they are key change agents and the day we shall embrace more women in politics and leadership in general, is the day our society shall experience real change and economic growth.

It Is All Or Nothing, Mr. Muchuki and Mr. President – Taxation Should Not Target the Poor Majority

It Is All Or Nothing, Mr. Muchuki and Mr. President – Taxation Should Not Target the Poor Majority

Kenya argues that it applies a progressive form of taxation where those with less pay less, and those with more are taxed more, but this is not true if the political class is treated differently.  

I would like to appeal to the president of the republic to Kenya NOT to assent to the financial bill. Mr. President, it is either the government nets all the tax or nothing from the rest of us.  While the conscience of the Acting Finance Minister, John Michuki could not allow him to move the motion to delete the clause that would otherwise authorize the Kenya Revenue Authority to deduct MPs allowance, he seemed fine if someone else did move the motion to strike. In other words, it is fine to ensure the tax from other citizens and the Corporate be deducted as the House decides whether or not they should be taxed and by how much.

The die is not cast, neither is the matter rested. I don’t think Kenyans ought to wait for the Parliamentary Commission to discuss the how to tax the MPs, the Parliamentarians are not first rate Kenyans, therefore the same rules should apply to them.

When the President assented to the salaries increase in 2003, the parliamentarians, supported by the executive (never mind one is made up of a section of the others) argued that with the “proper salary structure” (read amounts) they would ensure that proper taxation is done and that they would avoid having the bulk of the salaries being in form of allowances.

They also argued that MPs should get a development fund hence the Constituency Development Fund.  This would then ensure that the MPs did not have to share his salary with there constituencies.  However, as soon as the two agendas were passed by the parliament, the issue of taxation was forgotten. It took five more years to actually get the government to introduce the taxation proposal.

The MPs argue that they give their “salaries” for burials, weddings.  They forget that we all do give to this events based on our level of influence and the amounts we have! In fact if we were to wait on our MPs for burial and wedding contributions, we might end up having unburied relatives and unwedded couples gauging by the dismal performance.

Mr. Henry Kosgei in his explanation as to why he doesn’t think he should pay taxes to KRA said that he would rather give the money to his constituency since he doesn’t know where the money will go if he gives it to KRA. Then let us apply this logic to ALL Kenyans.  Since we don’t know how KRA will spend the money, let each of us build their own road from our houses, our own hospitals near our homes – this is taking us back to barbaric years! Kenyans actually voted MPs to provide oversight over our finances, to check the government (KRA) and to ensure all our funds are spent in the right manner, how say he doesn’t know how KRA will spend the money? This says a lot of our MPs have no idea why they are in the House!  

At this point it seems we are operating under a Monarchy – where we all leave to serve the bidding of the king and he owns all the properties and people. He owns the land and determines when he wakes up, what new thing he wants ranging from a young virgin to satisfy his needs to a parcel of land, leave alone the fact that it may be a water catchment that would eventually affect many.  Unfortunately now the monarchy has over 200 kings and queens, all waiting to be satisfied. This is unattainable.

Kenyans are saying it either ALL or NOTHING, no taxation to the rest, if the finance bill will not include the taxation clause for the MPs.