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Kenya

The problem

Kenya is a lower-middle-income country with a GDP of around US$100 billion, and is furthermore one of the most stable and geopolitically important economies within East Africa. And yet a number of factors, including the effects of illicit financial flows, debt distress, the Covid-19 pandemic and the challenges of climate change, have wiped out much-needed public resources and created a difficult economic situation, including a high risk of debt distress.

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Economic Justice for all project in Kenya

Debt management

Debt management

Kenya’s external public debt multiplied by five between 2010 and 2022, going from US$7.4 billion to US$37.4 billion. Despite economic growth averaging 4.8 per cent in the last five years, public debt accumulation has been more acute, with the country going from a public debt to GDP ratio of 36.7 per cent in 2010, to 67 per cent in 2020 (in part due to the impact of the Covid-19 pandemic) and to 70.2 per cent in 2023. Debt increase in 2023 meant that the country breached the public debt ceiling established by domestic law, which had already been increased in 2022. Domestic debt also grew substantially, multiplying by seven in almost a decade, from KES.113.6 billion in 2012 to KES.780.6 billion in 2021. The IMF and World Bank assess Kenya’s debt as in high risk of debt distress.

As debt stocks are growing, and borrowing costs increase for Kenya, the amount of resources diverted to debt service has substantially increased. External public debt service multiplied by seven in the past decade, going from US$497 million in 2013 to US$3.69 billion in 2023. Between 2012 and 2021, debt service for domestic debt also increased from KES.82.3 billion to KES.546 billion. The more resources spent on repaying debt, the smaller the amount remaining to provide basic services, which include

Tax and illicit financial flows

Domestic resource management

For the fiscal year 2021, Kenya’s tax revenue amounted to 15.2 per cent of GDP. This is slightly below the average for Africa, which was 15.6 per cent of GDP for 2021, but far below the East African Community recommended level of 25 per cent. Whereas the average tax to GDP ratio for African countries has increased over the last decade, Kenya’s tax to GDP ratio has been dropping and is currently below the 2010 level, which was 15.9 per cent of GDP. This can be attributed to several reasons.
One main cause is overgenerous tax incentives. The latest estimates by the Kenya Revenue Authority suggest that the tax expenditure to GDP ratio reached 2.94 per cent in 2022, which was an increase from 2.44 per cent in 2021 and 2.23 per cent in 2020. In this context, it is worth noting that the granting of tax incentives has not been preceded by proper cost–benefit analysis and neither is there a legal framework to guide the granting and monitoring of tax incentives.
As mentioned below, the country is at the same time faced with substantial revenue losses due to illicit financial flows, which also erodes the tax to GDP ratio. Furthermore, it is also an important factor that the tax compliance level is currently estimated to be as low as 70 per cent In its Mid-Term Revenue Strategy, the Kenyan government has set the targets of reaching a tax to GDP ratio of 20 per cent and a tax compliance rate of 90 per cent by the end of the financial year 2026-2027.

Illicit financial flows

In the report State of Tax Justice 2023, Tax Justice Network has estimated that cross-border tax abuse is costing Kenya a total of US$189.8 million annually, corresponding to over 9 per cent of the country’s health expenditures. Of this loss, it is estimated that US$134.1 million stems from corporate tax abuse and the remaining US$55.7 million from offshore wealth.

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Economic Justice for all project in Kenya

Taking action

Civil Society Organisations involved in the tax justice movement in Kenya are intervening at various levels:

Capacity building and mobilisation

TJNA has organized strategic capacity building and mobilization events in Kenya targeting researchers, campaigners, CSOs, policymakers, and journalists to build greater awareness and synergise their efforts in the struggle against harmful tax practices.

Advocacy at the regional and global level

TJNA works at the regional and global level through research, advocacy, capacity building and technical support to CSOs, government agencies and citizens, TJNA promotes reform of tax policies to curb IFFs, eliminate inequality, promote proper governance of natural resources and bolster domestic resource mobilization abilities of African governments. TJNA also organizes regional flagship events such as the Annual Pan African Conference on Illicit Financial Flows and Tax (PAC).

Advocacy at the national and state level

TJNA works at the national level with its network partners through its well-developed outreach and engagement programmes including the International Tax Justice Academy (ITJA) and support to national level parliamentarians through the African Parliamentary Network on Illicit Financial Flows and Taxation (APNIFFT).

Awareness-raising

TJNA uses mainstream media as well as social media platforms to raise awareness on tax justice issues within the country. We tailor our messages for both technical audiences and communities to increase knowledge and awareness among different groups.

Research and analysis

TJNA carries out research and analysis within the thematic areas that we cover. We have published research on tax justice issues in Kenya such as on debt, double taxation agreements and tax incentives. TJNA also recently launched the Tax and IFF Knowledge Hub, which serves as a central repository on tax and IFF related research materials.

The movement

Within this project, the following partners works to advance the objectives of the tax justice movement:

TJNA

TJNA has worked through conducting research, capacity building and strategic engagement to enhance domestic resource mobilization. TJNA’s work has included advocacy on better design of tax incentives, promoting beneficial ownership transparency, debt sustainability, promoting efforts to curb illicit financial flows and enhancing taxation as a measure to boost DRM capabilities.

The partner in this project works within broader networks that bring together a wide range of CSO voices united in their goal to advance tax justice:

Okoa Uchumi Coalition

This is a coalition of civil society organizations based in Kenya and working to tackle corruption, debt, tax evasion and promote economic development. The movement works through public mobilization, research and advocacy to promote broader reforms.  https://okoauchumi.com/

Stop the Bleeding Movement (STB)

The STB brings together several CSOs with an interest in advancing tax justice. The CSOs work on different thematic areas including women and gender rights, debt, legal reform and environmental change. https://stopthebleedingafrica.org/