Many Kenyans concerned about the safety of their personal information can now rest easier after Parliament stopped a proposal that would have handed sweeping powers to the Kenya Revenue Authority (KRA) to collect private data from third parties without a court’s oversight.

The Finance and Planning Committee of the National Assembly, led by Kimani Kuria, rejected the controversial clause in the Finance Bill, 2025, stating that it threatened constitutional rights and was not necessary.

Had the proposal been approved, KRA would have gained the power to demand personal and financial details from banks, mobile companies, and online platforms, all without notifying the affected individuals or businesses.

This sparked fear among ordinary citizens who felt their privacy would have been stripped away.

The Committee highlighted this concern in its report, stating, “The Committee observed that the proposed provision does not meet the threshold set out under Article 31(c) and (d) of the Constitution of Kenya, which guarantees the right to privacy.”

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The Committee made it clear that the country already has strong laws protecting data, including the Data Protection Act.

This law sets strict limits on when and how personal data can be accessed, with exemptions only allowed where absolutely necessary and lawful.

The report firmly stated, “We cannot legislate in a way that undermines the rights enshrined in our Constitution, particularly where personal privacy and commercial confidentiality are at stake. KRA already has legal channels to access relevant information. The proposal amounted to an overreach.”

Kenyan law already gives KRA powers to collect information when needed for tax purposes, but with one key condition—the courts must first approve such requests.

Section 60 of the Tax Procedures Act provides for this, and the Committee emphasised that this safeguard is crucial.

“With these safeguards already in place, introducing a provision that bypasses judicial scrutiny would not only be redundant but would also violate basic rights,” the report noted.

The rejected proposal had been presented as a way of fighting tax evasion and boosting revenue collection.

However, the public and professional bodies voiced serious concerns. The Law Society of Kenya warned, “This move undermines due process and taxpayers’ rights to fair adjudication.”

KPMG and other audit firms raised fears that the plan could lead to unfair treatment of taxpayers, even in cases where disputes were still being resolved in court.

Human rights groups, including Amnesty International Kenya and ARTICLE 19 Eastern Africa, were quick to condemn the proposal.

They argued that it would have opened the door to unnecessary surveillance of Kenyans and breached the right to privacy guaranteed in the Constitution.

The Architectural Association of Kenya pointed out that the plan could have forced professionals like architects and engineers to surrender designs and plans that should remain confidential, damaging trust with clients.

For now, ordinary Kenyans can be assured that their private data will not be handed over to KRA without proper legal processes.

As MPs continue to debate the Finance Bill, the Committee has called on KRA to stick to the lawful routes already in place, which respect both privacy and tax laws.