UHURU'S MAIDEN BUDGET SPEECH

Here is the complete text of Uhuru Kenyatta's budget day speech :


SPEECH DELIVERED TO THE NATIONAL ASSEMBLY ON 11TH JUNE, 2009, BY HON.
UHURU MUIGAI KENYATTA, EGH, M.P., DEPUTY PRIME MINISTER AND MINISTER FOR
FINANCE, REPUBLIC OF KENYA, WHEN PRESENTING THE BUDGET FOR FISCAL YEAR 2009/2010 1ST JULY, 2009 TO 30TH JUNE, 2010


Mr. Speaker, Sir,
I beg to move that Mr. Speaker do now leave the chair.
1.0. INTRODUCTION AND RECENT DEVELOPMENTS
1.1 Introduction
1. Mr. Speaker, it is indeed an honour for me to present to this August House the 2009
Budget. But before I proceed with my speech, let me take this early opportunity to express my
sincere gratitude to His Excellency, President Mwai Kibaki, for appointing me to the position of
the Minister for Finance. I also want to recognize my brother The Rt. Hon Prime Minister, Raila
Odinga, with whom we have worked very closely since I took charge of the finance portfolio.
2. Mr. Speaker, the 2009 Budget is formulated at the backdrop of many challenges, both on
the global and on the domestic front. The global economy is facing the worst recession since the
Great Depression, a phenomenon that is adversely affecting the economies of developing
countries, Kenya included. Industrial countries have taken huge supportive interventions to
mitigate effects of the global financial crisis but the impact is yet to be felt, thus leaving the
developing countries exposed and vulnerable.
1.2 Global Economic Crisis and Outlook
3. Mr. Speaker, as I have already mentioned, the world economy is facing serious recession
and no country, small or big, developed or developing, has been spared the negative effects of
this crisis. Overall, the global economy is now projected to decline by 1.3 percent in 2009, down
from a growth of 3.3 percent in 2008, before recovering sluggishly to grow at 1.9 percent in 2010,
despite the interventions taken by the major economies. The contraction of the global economy in
2009 is largely on account of the negative growth in the major industrial countries, which more
than outweighs the growth in Asian economies including China and India.
4. Mr. Speaker, like the rest of the world, sub-Saharan Africa is also feeling the impact of the
global economic crisis. Current projections indicate that the growth of the sub-Saharan Africa
economy will most likely fall to 1.7 percent in 2009, from 5.5 percent in 2008. Indeed, the growth
rate of the economies that are Kenya’s major trading partners in the East Africa Region, such as
Uganda, Tanzania and Rwanda, is projected, on average, to decelerate to 5.6 percent in 2009
from 9.4 percent in 2008. African countries must as a priority take appropriate measures to
3 contain the adverse effects of the crisis on their economies, while preserving the hard won gains
in the recent years.
1.3 Domestic Economy: Recent Developments and Outlook
5. Mr. Speaker, when the NARC Administration democratically took over the reigns of power
at the end of December 2002, it inherited an economy that had been shattered into stagnation for
several years. The consequence of the stagnation was reduced income per capita, escalation of
unemployment and poverty problems, and dysfunctional national institutions. The new
Administration set out an ambitious and comprehensive programme of economic renewal, that is,
“Economic Recovery Strategy for Wealth and Employment Creation”, with policy and institutional
reforms that won wide acceptance.
6. Focussed and consistent implementation of bold and appropriate economic and structural
reforms embodied in this strategy and the resilience and hard work of our people led to a steady
expansion of our economy from virtual stagnation of 0.5 percent in 2002 to a high of 7.1 percent
in 2007. In addition, the Government provided more budgetary resources toward priority growth
areas of agriculture and rural development, infrastructure, human capital development, and core
poverty programmes, which helped reduce poverty significantly. As a matter of fact the number
of people living below one US dollar declined from 57% of the total population in 2000 to 46% in
2006. Indeed, by the end of 2007 Kenya was poised for accelerated development.
7. Mr. Speaker, as Hon Members are by now well aware, most of the gains that had been
painfully achieved between 2003 and 2007 were substantially reversed in 2008. The economy
experienced a dramatic downturn in 2008, growing by a mere 1.7 percent, largely attributed to the
adverse effects of the unfortunate events that followed the 2007 December General Elections.
The problem was compounded by the sharp increase in the prices of oil and fertiliser in the
international market, and the drought conditions following failed rains in the short-rain season.
Mr. Speaker, the outlook for 2009 and 2010 is only slightly better, especially in the face of the ongoing
global recession that has reduced demand for our exports, tourism earnings and
remittances from Kenyans in the Diaspora. We now project a modest recovery, with the national
cake growing by only 3 percent in 2009.
8. However, Mr. Speaker, I would like to reassure Hon. Members and Kenyans at large that
despite these challenges the economic foundation laid during 2003-07 is still intact. Our
infrastructure is much better than what it was in 2002, and, most importantly, we remain endowed
with an enterprising human resource. What we now need is to gather courage, adopt a positive
spirit, and commit ourselves to moving forward. We should not allow our “economic car” to be
run on a reverse gear again as happened early last year. Indeed, in the midst of the gloom, we
should see hope and opportunity. Above all we should find strength, unity of purpose and resolve
to urgently and decisively confront the immediate challenges facing us, while at the same time
focusing on our long term growth and development objectives in line with Vision 2030.
9. Mr. Speaker, it is only through our resolve and sustained commitment to tackling these
challenges that we can restore our economy back to a higher and sustained growth path and
eliminate poverty among our people. To achieve this, we must broaden economic opportunities
for all Kenyans, measurably reduce youth unemployment and poverty, while comprehensively
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dealing with regional inequality. We must also confront head-on the governance challenges that
continue to constrain our growth and development prospects. And in doing this, we must realize
that we have no option but to collectively rise above our perceived inadequacies and our limiting
disposition, and, awaken our potentials with re-energized commitment and determination to move
our economy up the ladder of prosperity. These challenges we must tackle now, Mr. Speaker,
and we must do so urgently, recognizing that our economy and the people of Kenya can ill afford
any delay.
10. Mr. Speaker, to effectively respond to these challenges, I have outlined bold and
appropriate policy measures that are required to restore the economy to a higher growth path,
expand economic opportunities, create employment, and strive to protect the livelihood of the
poor and the vulnerable members of our society. I do this, Mr. Speaker, well aware that good
ideas and innovations must be driven into existence by courageous patience.
1.4 Theme: Overcoming Today’s Challenges for A Better Kenya Tomorrow
11. Mr. Speaker, the 2009 Budget is premised on the need to urgently overcome the
immediate socio-economic challenges that we face today. This we must do in order to restore
the confidence of Kenyans in their country and its institutions. As part of these initiatives we must
strive to return the economy back to our long term growth path, while at the same time, providing
impetus for building a cohesive and prosperous Kenya that we all desire. This Budget that I have
the honour to table in this August House today, therefore, marks the first and bold step towards
progressively building a better future for our people, consistent with our Vision 2030. In this
regard, the measures I will be proposing throughout my speech are anchored on the Theme:
“Overcoming Today’s Challenges for a Better Kenya Tomorrow”.
12. The objective of the 2009 Budget, Mr. Speaker, therefore, is to stimulate growth and
protect jobs, reduce poverty, enhance food security and protect the poor. In framing this Budget, I
have been guided by five underpinning principles, namely:
· First, maintaining a stable macroeconomic environment and creating an enabling
environment for business;
· Second, developing key infrastructure facilities and public works countrywide to stimulate
growth, create employment and reduce poverty;
· Third, promoting equitable regional and social development for stability;
· Fourth, investing in environment and food security; and
· Fifth, strengthening governance not because we have to, but rather, because it is the way
forward in improving public service delivery.
13. Mr. Speaker, in response to the current challenges, and to avert a further slide in the
expansion of our national cake, we plan to implement a fiscal stimulus package that focuses on
sectors that will generate maximum benefit. Mr. Speaker, to address the existing imbalances in
regional development, which have been a real source of social discontent, the stimulus
programme is deliberately designed to cover all parts of the country. The programme has projects
intended to expand irrigation-based agriculture with a view to ensure food security. We will, as
part of this programme, construct wholesale and fresh-produce markets countrywide for the
purpose of improving marketing and distribution of agricultural produce.
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2.0 PRIORITY PRO-GROWTH AND PRO-POOR POLICY MEASURES
14. Mr. Speaker, underlying these principles is a two-pronged strategy that aims at focusing
expenditures on priority areas that have higher impact on growth, such as infrastructure and
public works, while at the same time, ensuring sufficient expenditures to cushion the poor and
vulnerable. Mr. Speaker, the rest of my speech now elaborates specific policy measures I intend
to take within the framework of the five principles I have outlined above to overcome the
challenges we face today and build a stronger and prosperous Kenya.
2.1 Maintaining a Stable Macroeconomic Environment
15. Mr. Speaker, at this time of crisis, it is more critical that we uphold our commitment to
maintaining a stable macroeconomic environment. In this regard, we will continue to pursue
fiscal policy and structural reforms aimed at restoring our economy back to a high growth path but
without undermining the objective of monetary policy to bring inflation down to the 5 percent
target we have set for ourselves. In managing monetary policy, the Central Bank will strive to
ensure availability of sufficient liquidity to support economic activity while also allowing for gradual
rebuilding of official foreign exchange reserves, which have been eroded by the adverse impact
of the exogenous shocks mentioned earlier.
16. Mr. Speaker, with respect to fiscal policy, let me say at the outset that it has not been
easy to find room in the Budget for our commitments to national development objectives as
outlined in Vision 2030, and to deal with the current challenges affecting the welfare of our
people. As such, we have had to strike a balance between supporting growth and maintaining
medium-term debt sustainability. Mr. Speaker, budgets are about priorities given the reality that
financial resources are limited.
17. Therefore, Mr. Speaker, faced with the current economic challenges and bearing in mind
that raising taxes is not a prudent option under the current circumstances, we as a Government,
chose to partly accommodate the temporary financing shortfalls with savings arising from
rationalization of government expenditures to remove waste and non-priority expenditure. I will
shortly elaborate on the expenditures that we have rationalised. For the balance of the financing
shortfall, we have adopted a programme of responsible borrowing.
18. Hon. Members, we consider the approach we have taken in terms of raising additional
resources beyond the tax we expect to collect, not only appropriate but also prudent. This is a
must if we have to safeguard jobs and bolster economic recovery. I am aware of the concerns
that have been raised regarding the amount of money we intend to borrow from the domestic
sources to finance the budget. I want, Mr. Speaker, to allay any fears Kenyans may have on this
proposed borrowing. Our debt in relation to gross domestic product (GDP) is currently below 40
percent; thanks to the prudent manner in which we have managed our public debt in the past.
Moreover, debt sustainability analysis done taking into account the planned new borrowing
demonstrates that we face a low risk of debt distress. Therefore, we are in a position to
comfortably borrow in the short term to finance the proposed fiscal stimulus package without
compromising our macroeconomic objectives.
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19. Mr. Speaker, under the proposed fiscal framework, our total public debt is projected to
peak to 44.5 percent of GDP in 2009/10 before declining thereafter. It is, however, instructive to
note that even at this level our debt position remains within tolerable levels and is much lower
than that for some of the large industrial countries. Nonetheless, over the medium term, we
intend to bring down the budget deficits in order to commensurately reduce the debt ratio. We
are also seeking for additional concessional assistance from our development partners, which we
intend to use to pay off part of the domestic borrowing that will be applied to finance the fiscal
stimulus package.
2.2 Creating Fiscal Space Through Expenditure Rationalisation, Strengthened Tax
Administration and Enhanced Absorption of External Resources
20. Mr. Speaker, as I have already indicated, a major policy challenge we face today is how
to push the frontiers of economic growth to a sustained higher level, create economic
opportunities and reduce poverty. Implementing measures to achieve these objectives means the
government budget for 2009/2010 will be expansionary. The overall balance is expected to be in
deficit by about 6.6% of GDP.
21. Mr. Speaker, as I have already mentioned, we plan to accommodate our financing
shortfall partly by rationalizing expenditures to remove waste and generate savings. As Hon.
Members will recall, in the Supplementary Budget for 2008/09, I took measures to streamline
government expenditures to generate savings without compromising delivery of public services.
But Mr. Speaker, let me remind Hon. Members that these are difficult times. And difficult times
require bold decisions. Indeed, this is what Kenyans expect of us. For this reason I am going a
step further to institute more bold measures so that I can raise the resources we require to
finance the priority pro-growth and pro-poor expenditures planned in this Budget.
22. To this end, Mr. Speaker, I have reduced from the ceilings of all ministries, the following
non-priority expenditures that I believe will have no material impact on service delivery. These
entail reductions as follows:
· 80 percent on furniture and fittings;
· 60 percent on advertisement and publicity;
· 40 percent on telephone expenses;
· 20 percent on hospitality supplies and services, which include, and I emphasize, include
payments to various taskforces appointed by the government; and
· 10 percent on domestic and foreign travel and subsistence.
23. Mr. Speaker, government expenditure on transport has increased substantially over the
years and unless checked, it will soon become unsustainable. In this regard, I will be requesting
the cabinet to approve a new Transport Policy to address this problem early in this financial year.
With this in mind, I have put a moratorium on purchase of new motor vehicles, except for security
purposes. Any purchase of new vehicles will be allowed only under very exceptional
circumstances. Mr. Speaker, we will also introduce use of fuel cards for the purchase of fuel for
government vehicles because we believe this measure will significantly reduce the amount of
money the government is spending on fuel.
7 . Mr. Speaker, in the face of the difficult economic times we find ourselves today, and
responding to the call by Kenyans to contain non-priority expenditures, it is about time we
demonstrated in concrete terms that we are a government that listens to its people. In this regard
and after consulting with The President and The Prime Minister, I am directing that all Cabinet
Ministers, Permanent Secretaries, Provincial Commissioners and other senior public officials who
are entitled to official vehicles, shall henceforth be allowed only one vehicle whose engine
capacity should not exceed 1,800 cc.
25. Mr. Speaker, once the new vehicles are in place, I am also directing all Accounting
Officers to ensure that vehicles at the disposal of public officials that exceed the engine capacity I
have just specified, are withdrawn and surrendered to the Chief Mechanical and Transport
Engineer who will arrange for their sale by end of September 2009. Proceeds thereof will be
used to finance priority areas such as resettlement of Internally Displaced Persons.
26. Mr. Speaker, as I said earlier, no public official will be exempted from this policy.
Therefore, I expect all Accounting Officers to strictly implement this measure to the letter. In this
regard, I am pleased to report to this House that the Treasury, under my leadership, has fully
complied with this directive starting today. Mr. Speaker, I have decided to lead by example.
Therefore, effective from today, I am now using an official car that is compliant with this
requirement.
27. Mr. Speaker, the austerity measures we have undertaken are only the first step toward
rationalizing our budget going forward. We shall continue to scrutinize all votes of ministries in the
course of this fiscal year with a view to identifying further areas of savings. To this end, I have
instructed the Permanent Secretary to the Treasury to launch a comprehensive audit of the
payrolls of all organization paid through the Exchequer. I expect the report of this audit to be
ready by the end of October 2009.
28. Mr. Speaker, our utilization of donor funds has been low and this is unacceptable
because it delays the development benefits to our people. In a sense, development delayed is
development denied and Kenyans cannot afford this especially during these difficult times when it
is not easy to obtain additional external financing. In this regard, part of the fiscal space will come
from enhanced absorption of external funds from the current rate of about 50 percent to about 80
percent in FY 2009/10. I will establish a Unit at the Treasury to work with line ministries in
monitoring project performance in order to unlock the constraints that are responsible for
implementation delays. In due course I will be outlining guidelines specifying how these targets
will be achieved.
29. We will also be introducing an Electronic Project Monitoring Information System (e-
PromisPromis) before the end of this year. Once operational, this system will enable Treasury to
continuously monitor project performance at every stage. In order to ensure transparency and
encourage public participation, the e-PromisPromis portal will also be open to the public to enable
wananchi to monitor the performance of projects of their interest. When fully operational, it will be
possible to monitor all government projects including those funded through the Constituency
Development Fund (CDF).
8 . Mr. Speaker, on enhancing revenue collection, we recognize the need to further deepen
the reforms, including implementing measures targeted at enhancing the operational efficiency of
the Kenya Revenue Authority. Achieving these goals requires strengthening the institutional
arrangements of KRA and holding all the officers to the highest standards of ethical and integrity
behaviour in the conduct of business, while at the same time creating incentives for performance.
In addition, sanctions for under-performance or actions leading to loss of revenue must be
enforced across the entire spectrum of the organization.
3.0 FURTHER DEVELOPING KEY INFRASTRUCTURE FACILITIES AND PUBLIC
WORKS COUNTRYWIDE TO STIMULATE GROWTH, CREATE EMPLOYMENT AND
REDUCE POVERTY
3.1 Supporting Businesses and Enhancing Competitiveness
Promoting Conducive Business Environment
31. Mr. Speaker, the Government recognizes the important contribution the private sector has
made in the process of building our economy over the years. For this reason we have been
instituting a number of reforms to ensure they even play a greater role. We have in this regard
come along way in terms of improving the business environment, but, as we continue to be
reminded by our private sector partners, these are not enough. In this regard, I will elaborate on
some of the measures we are proposing to address some of these challenges while presenting
the tax policy measures planned for FY 2009/10 later.
32. Mr. Speaker, for now I will address myself to the regulatory challenges that arise mainly
from the failure to appreciate the cost of regulation to businesses. This is compounded by lack of
an appropriate framework for consulting with other public entities and more important the private
sector itself when introducing new regulatory procedures or levies. To address these challenges,
we will in the course of this fiscal year: (i) submit to this House the Business Regulation Bill that
will empower the Business Regulatory Unit legal power to vet and recommend to the Minister for
Finance any proposed new levies; and (ii) make operational the e-Registry for business licences;
and (iii) fast-track implementation of ongoing licensing reforms.
Reforms under Agenda Four
33. Mr. Speaker, under the National Accord, the Grand Coalition Government committed itself
to facilitate far reaching and coherent reforms in order to create the environment for a stable
democratic and prosperous country, popularly as known Agenda IV. We recognize that without
focusing on these reforms, our efforts to build a prosperous Kenya may not be realized. In this
regard, the Treasury has allocated Ksh. 2 billion toward implementation of reforms under Agenda
Four, in addition to specific monies provided for under respective ministries and agencies.
34. Mr. Speaker, through this Budget, we are also fast-tracking reforms in the Judiciary to
expedite service delivery and in particular to ensure faster disposal of commercial and civil cases
in order to reduce the cost of doing business as well as congestion in our corrective facilities and
Courts. To this end, I have provided the Judiciary Kshs.3.1 billion, of which Ksh 250 million will be
used to fund the pilot phase of the automation and modernization of our courts and employ 20
9 additional Commissioners of Assis. On successful completion of the first pilot phase, we will build
on this experience and roll this program countrywide. We remain fully committed to adequately
supporting the Judiciary in order to ensure prompt justice so that no more Kenyans languish in
our corrective and remand facilities due to avoidable delays in our courts.
Maintaining Law and Order and Providing Security
35. Mr. Speaker, we all know that adequate security is essential to achieving the objectives of
our Vision 2030. For this reason, the Government will continue to fully support our security
agencies in order to ensure that individuals, communities and investors are well secured. In this
regard, the Government has decided to enhance community policing by engaging our youth to
work under the guidance of the regular police force in collaboration with the chiefs to strengthen
security at the constituency level. In this regard, I have allocated funds to support this initiative,
including funds to purchase motorised bicycles for use by the local chiefs and youths engaged in
community policing. We expect this initiative will inculcate a sense of responsibility and discipline
in our youth, and as an incentive for those who are successful, the government encourages the
recruitment units of our disciplined forces to give priority to these young men and women.
Accelerating Infrastructure Investment
36. Mr. Speaker, over the last six years or so, we have invested heavily in infrastructure. The
ongoing construction works throughout the country clearly attest to this. We must thank our
development partners, particularly the EU, the World Bank, the AfDB and China for the valuable
support in the road and energy sector. As part of the Government's fiscal stimulus program, we
will continue to allocate substantial amounts of financial resources to infrastructure projects in
order to enhance competitiveness and stimulate higher growth for employment and wealth
creation. In this Budget therefore, Mr. Speaker, I have allocated Kshs.140 billion for
infrastructure spending and this will cover roads, rail, ports, broadband and energy.
37. Mr Speaker, while we have made significant progress in expanding the road net work in
the rural areas, we still face serious challenges with respect to timely routine maintenance to
ensure they are functional throughout the year. This is despite the fact that part of the fuel levy
fund is available for this purpose. After consulting with my parliamentary colleagues, I propose to
this House that the portion of the fuel levy meant for the rural roads be channelled through the
Constituency Development Fund (CDF) for the maintenance of rural roads at the constituency
level. I am confident that CDF mechanism will ensure timely and efficient utilization of these funds
for the intended purposes.
Positioning the Port of Mombasa as Regional Service Hub
38. Mr. Speaker, the port of Mombasa plays an important and strategic role not only to
Kenya’s development but also to the development of the hinterland countries of Uganda,
Rwanda, Democratic Republic of Congo (DRC), and Southern Sudan, that it serves. However,
the current clearing system for cargo faces a number of challenges that compromise our
country’s ability to maximise on the benefits that accrue from international trade. Indeed,
documentation procedures are largely manual, resource intensive and expensive. To position the
port to continue playing its strategic role more effectively in an increasingly competitive
10 environment, there is need to urgently address these challenges. In this regard, the Government
will establish in the course of the year a single window port community based system to facilitate
faster, efficient and competitive clearance of cargo at the port of Mombasa. In addition, plans are
underway to dredge the port and make it accessible for bigger ships, while the on-going work on
the construction of a second container terminal will be accelerated.
39. Mr. Speaker, concurrent with the initiative we are taking to improve the efficiency of the
port of Mombasa, we are also attending to the challenges in the railway system. In this regard,
the Government of Kenya, working jointly with the Government of Uganda, has made decision to
construct a new standard gauge railway line from Mombasa to Western Kenya and to Kampala in
Uganda. The new railway line will not only reduce the cost of transport but also facilitate faster
movement of freight and passengers, thereby enhancing competitiveness and improving the
welfare of our people.
40. Mr. Speaker, considering that construction of the new railway will significantly reduce the
maintenance costs of the Northern Corridor roads, it makes economic sense to use part of the
road maintenance fund to invest in this railway. In this context, I will, in consultation with the
Minister for Roads, be proposing an amendment to the Roads Maintenance Levy Act and the
Kenya Roads Board Act to make road-bed for railway line development and maintenance eligible
for funding. Meanwhile, I have allocated Ksh. 3 billion to initiate this important project. I expect
the Ministries and Agencies responsible to expedite the process with a view to commencing
construction by the last quarter of this financial year.
41. Mr. Speaker, the development of infrastructure in Nairobi Metropolitan Area is equally
crucial to making Nairobi a competitive service hub. Apart from improving provision of water and
security services, we are fast tracking the development of a light rail system in Nairobi and its
suburbs, and construction of bypasses and modern interchanges to solve current traffic
congestion. As a first decisive step, and in partnership with an infrastructure development
company called InFraCo (a Private Infrastructure Development Group comprising of the World
Bank, SIDA, DFID, Governments of Switzerland and Netherlands), we have commenced work
toward the upgrade of the Nairobi Commuter railway system serving the heavily populated parts
of Nairobi in order to reduce traffic jams and transport related costs currently hurting businesses
as well as the poor urban dwellers.
Expanding Access to Affordable Energy Supplies for all Kenyans
42. Mr. Speaker, to enhance supply of environmentally friendly and affordable energy to our
economy, the focus of our investments will be on development of renewable energy such as
geothermal, wind, bio-fuel, biomas and use of solid waste. The Government will also continue to
scale up investment in transmission while at the same time upgrading existing ones in order to
stem systemic transmission loses that partly contribute to the high cost of energy. The
Government will also continue to expand the rural electricity program covering all major trading
centres countrywide. Toward this end, I have allocated Kshs 7 billion. In addition, the
Government will encourage private sector participation in electric power generation from wind,
biomass, and recycled waste within the Public Private Partnership (PPP) framework.
11 Leveraging Emerging ICT Opportunities
43. Mr. Speaker, after three years of heavy investments in ICT infrastructure, our economy is
about to be hooked onto the global digital grid through the undersea fibre optic cables. We must
leverage on this affordable broadband connectivity to accelerate economic growth, expand
economic opportunities so as to reduce poverty among our people. Appropriate utilization of this
infrastructure would yield some savings as well as create efficiencies for a better and more
productive economy thereby creating jobs and moving our economy up the value chain and
reducing the cost of doing business.
44. Mr. Speaker, to further expand access to benefits presented and to ensure no Kenyan is
left behind by the ICT revolution, I propose the following investments as part of the stimulus
package:

First, I have allocated Ksh1.3 billion to purchase Mobile Computer Laboratories for each
constituency for use by our high schools. This initiative will serve as a pilot project since in
the coming years we intend to expand the scope of the project to include primary schools.

Second, we intend to support the roll out of the Digital Villages in partnership with the World
Bank. These centres will create business hubs and expand economic opportunities in rural
areas.

Third, immediately launch a one million laptop/computer campaign countrywide in
conjunction with Broadband providers by undertaking to underwrite part of the interest
payments on funds borrowed to purchase these laptops and computers. Mr. Speaker, I trust
that this campaign would benefit University Students, public servants as well as ordinary
wananchi, thereby enabling them to take advantage of the cheaper broadband now available
in our country.
3.2 Promoting Regional Development for Equity and Social Stability
45. Mr. Speaker, the promotion of equitable regional and social development is a central
objective of the Grand Coalition Government. The thrust of this Budget therefore is to ensure that
the budgetary resources reach the people at the constituency level. . Since, our focus will be to
stimulate economic activity at the constituency level, we will channel these resources as
conditional grants through the respective ministries, using the existing Constituency Development
Fund framework. This will facilitate local accountability, strengthen oversight to ensure all the
funds allocated are strictly used for the planned purposes.
46. Mr. Speaker, during the ERS period, the Government established the Constituency
Development Fund, and as a result, we have achieved tremendous progress in taking
development to the people. To scale up the good work and ensure wananchi continues to benefit
from this Fund, I am this year allocating Ksh.12 billion. With this amount, each constituency will
now receive on average KShs.60 million to finance its various development projects. In addition,
as I said earlier, I will be proposing amendments to the Roads Maintenance Levy Act and Kenya
Roads Board Act to allow for 22 percent of the Road Maintenance fund to be used for the
maintenance of constituency roads. I have also proposed appropriate amendments to allow this
amount totalling Ksh. 4.7 billion to be channelled directly to constituencies through the
Constituency Fund Board. With these amendments, I have increased significantly resources
12 channelled through CDF for development and road maintenance from KShs.10 billion in 2008/09
to about Kshs 18 billion or an average of Kshs 86 million per constituency, representing 80
percent increase over the year ending June 2009. I expect these bold and historical measures
will go a long way to measurably improve the conditions of our rural roads, promote commerce
and consequently improve the welfare of our people.
47. Mr. Speaker, even after allocating about Kshs 90 million to each constituency for
development, we are going a step further through this budget to make it possible for every
Kenyan to participate in restoring their economy back on to a higher growth path, working
together to expand economic opportunities and creating employment. In this regard, I have
allocated additional Kshs 22 billion, an equivalent of Ksh. 105 million per constituency as
conditional Economic Stimulus or Resilience Package toward financing infrastructure
development covering education and healthcare, and other development projects. The funding for
these interventions is provided under the respective ministry’s votes and will be released through
the CDF Framework to those specific projects under strict guidelines to be developed by the
Treasury.
Public Procurement to Promote disadvantaged Groups, micro, small and medium enterprises
48. Mr Speaker, in an effort to boost the welfare of disadvantaged groups, micro, small and
medium enterprises, I direct the Public Procurement Oversight Authority to make appropriate
regulations that will enable these groups to participate effectively in Government tenders. These
regulations should ensure that contracts awarded through the CDF, LATF and other development
funds are reserved for tenderers whothat are located and operate in those regions except where
such local capacity is not available.
49. This initiative, which demonstrates the Government’s commitment to local-level budgeting,
marks a departure from the past, and building on the experience of this first piloting phase, it will
be scaled up to ensure we ultimately achieve in a constructive manner equitable development in
our country. And through these initiatives Hon Members, Kenyans will emerge with strength when
the global economy recovers, and enhance their capabilities and competitiveness for the long
term.
Expanding Economic Opportunities in Rural Areas for Employment Creation
50. Mr. Speaker, as a decisive step toward equitable regional development, this year’s
budget also focuses on rural development by creating income and employment opportunities to
our people. In this regard, I have proposed a number of local-level initiatives.

First, I have allocated a total of Ksh 1.8 billion or Kshs 10 million per constituency for the
construction of fresh-produce and wholesale markets in countrywide to address the missing
markets and facilitate commerce, trade and rural enterprise development.

Second, I have also allocated Ksh. 1.1 billion or Kshs 8 million per constituency for the
construction of 200 fish-farming ponds covering 140 constituencies countrywide to improve
nutrition and create over 120,000 employment and income opportunities to our people.

Third, I have allocated Ksh. 525 million or Ksh. 2.5 million per constituency for the
construction of jua-kali sheds and another Ksh 210 million or Ksh. 1 million per constituency
13 to equip these sheds with appropriate tools and equipment in order to empower our youth
directly benefit from the massive construction works we have initiated at the local levels.

Fourth, I have further allocated additional Ksh. 500 million to Youth Development Fund and
another Ksh. 500 to boost the Women Enterprise Fund kitty in order to extend credit for
business start-up and expansion throughout the country. Going forward, I expect these
Funds will also be devolved to equitably benefit youth and women at the constituency level.
Resettlement of IDPs
51. Mr. Speaker, the post election crisis displaced many people from their homes. While
resettlement efforts have progressed well, a number of the IDPs continue to live in makeshift
camps. To deal with the problem once and for all, I have allocated KShs. 2.2 billion to support
the resettlement of IDPs. A further KShs. 500 million has been set aside to assist them rebuild
their destroyed businesses. In addition to this, Mr. Speaker, through the assistance from the
African Development Bank, the Ministry of State for Special Progammes will be implementing
“The Restoration of Farm Infrastructure and Rural Livelihoods” project intended to resettle and
empower communities affected by post election violence in the two Districts of Uasin Gishu and
Molo. The project components will include reconstruction of 19,000 low-cost, 3-room farm
houses, including produce storage space for returning farm households, with priority given to
female headed households; and the Purchase of Agricultural inputs comprising of maize seeds
and fertilizer through the National Accelerated Agricultural Input Access Programme (NAAIAP).
Northern Kenya and Arid and Semi Arid Lands
52. Mr Speaker, with regard to the development of Northern Kenya and other Arid lands, we
plan to undertake numerous interventions in the region. Key projects include the Isiolo–
Modagashe–Garrisa–Wajir road at a cost of 1.2 billion; development of water infrastructure at
KShs 4.4 billion; installation of solar panels in secondary schools in ASAL areas at KShs 200
million; and construction of abattoirs costing Kshs 130 million in isiolo and Garissa. In addition,
resources for Arid Lands Resource Management Programme will be enhanced to KShs 2.5 billion
in 2009/10.
Promoting Growth of Tourism and Export Sector
53. Mr. Speaker, following the post election violence, our tourism sector suffered major losses
with a decline of about 60 percent in the first quarter. With the sector expected to play a key role
in achievement of Vision 2030 objectives, strong actions are required to be taken for the sector to
withstand the current challenges and return to its impressive performance that was witnessed
prior to post election disturbances. As a step towards this direction, I have allocated Ksh 800
million to be channelled through the Kenya Tourist Development Corporation (KTDC) to be lent to
business enterprises in this sector in order to protect jobs. In addition, Mr. Speaker, I have
allocated another KSh 400 million for tourism marketing, targeting the high-end market.
54. Mr. Speaker, as I have already alluded, the current global economic recession has
adversely affected our export sector, especially the horticulture industry. In order to cushion this
vital sector and enable players to continue employing our people, I will be outlining later in my
speech tax proposals to improve cash flow.
14 Mr. Speaker, we recognize that these measures may not be enough to fully mitigate the
challenges facing these sectors. In this regard, we are planning to introduce additional measures
in the course of this fiscal year to further safeguard and stabilize our exports and tourism against
exogenous shocks. But in these challenges, we see opportunities. In this regard, I want to
encourage sector players to now focus on value addition and diversification of their products to
reduce possible risks in the future.
Making Quality Healthcare Accessible to all Kenyans
55. Mr. Speaker, as we strive to overcome the current challenges, we must recognize that
building a better Kenya requires a healthy population. To achieve this objective, we plan to
provide an efficient health infrastructure covering all parts of our country, and raise the quality of
health care to our people. In this regard, we are initiating a comprehensive program of healthcare
reforms covering infrastructure development, promotion of preventive healthcare and devolved
management of facilities.
56. Mr. Speaker, in addition to direct funding to the two ministries of Health to finance ongoing
programs, I have allocated a total of Ksh 4 billion or Kshs 20 million per constituency under
the Ministry of Public Health and Sanitation for the construction and equipingequipping of a health
centre in every constituency. This is the first step in our 3-year journey towards achieving a
countrywide healthcare facility upgrade programme. Mr. Speaker, as a Government that cares
and listens to its people, we are going a step further, consistent with our policy to promote
preventive healthcare, to employ on contract terms and at the local level, additional 4,200 nurses
or 20 nurses per constituency countrywide. To this end, I have allocated a total of Kshs.655
million, which translates to Kshs 3.1 million for each constituency.
57. Mr. Speaker, to ensure effective delivery of both preventive and curative healthcare in
our health facilities countrywide, I have allocated additional KShs.500,000 for the purchase of 5
motor cycles for health workers and another 30 bicycles for community health workers in every
constituency. I have also allocated Kshs 5 million as additional funding toward constituency
medical supplies kit. This is in addition to the funding I have allocated through the two ministries
of Health to KEMSA for the purchase of medicine and other medical supplies. And to ensure
efficiency in drug supply chain, storage and inventory control, I expect the two Ministries of
Health, through KEMSA, to ensure an appropriate procurement system is put in place.
Improving Infrastructure and Quality Education Countrywide
58. Mr. Speaker, having put pupils back to class through Free Primary education and Free
Tuition in Secondary Schools, our focus is now on how to improve quality of education throughout
the country. In addition to the annual allocation towards payment of teachers and running of
schools, I have allocated an additional KShs.1 billion each to Free Primary and Free Secondary
Tuition to take care of increased cost of goods and services.
59. Mr. Speaker, through this budget, we are also initiating a countrywide program to upgrade
infrastructure and quality of education in order to give our children a better foundation consistent
with the requirements of the modern labour market. To this end, I propose to:
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Allocate Ksh 1.5 billion or Kshs 7 million per constituency for the up grading of two primary
schools, and equipping them with water harvesting and under ground water storage facilities;

For far too long, we have made reference to a few schools as centres of excellence. Time
has now come when such schools should be available in all parts of our country. I have
therefore allocated Ksh 6 billion or Kshs 30 million per constituency for the construction of
one secondary school as a centre of excellence. I expect the completion of this school
upgrade program will provide equal life-long opportunities to all our pupils throughout the
country;

Allocate Ksh 1.3 billion or Kshs 6 million per constituency for recruiting additional 10,500
primary school teachers on contract or 50 primary school teachers per constituency to
improve the quality of educational service. I also propose to allocate Ksh 353 million or about
Ksh 2 million per constituency to recruit additional 2,100 secondary school teachers on
contract terms, or 10 teachers per constituency as a first step; and

Recognizing the need to hook our schools to the ICT grid and promote e-learning, I propose
to allocate Ksh 1.3 billion or Kshs 6 million per constituency toward the purchase of a digital
laboratory bus.
3.3 Investing in Environment and Food Security
Environment and Climate Change
60. Mr. Speaker, the extreme floods and droughts, incidences of vector and water-borne
diseases, famine and malnutrition are some of the indicators of climate change. Recognizing the
importance of our environment for sustainable development, the Government remains fully
committed to addressing the deterioration in the forest cover and quality of the urban
environment. Efforts to rehabilitate the five water towers have been initiated, while a master plan
for the restoration and rehabilitation of Nairobi River Basin has been developed to guide our
conservation efforts. We are doing this because we want to ensure we do not bequeath our
mistakes to the next generation.
61. Mr. Speaker, our children should know and appreciate the value of a clean environment
and learn how to protect mother-nature. In this regard, I have allocated Kshs 1.2 million for tree
planting programs in 20 primary schools in each constituency. This program is expected to
contribute toward conservation of our environment and give our children a practical opportunity to
participate in the conservation of their environment.
62. Mr. Speaker, countries are going green in their quest to generate clean energy and
Kenya must not be left behind. In order to move forward in transforming Kenya into a green
economy, we will establish a Green Energy Facility to offer interest free long-term loans to firms
that opt to replace conventional high cost energy generation with low cost green energy
alternatives. The facility will be funded by the government and managed by a consortium of
selected banks. This is aimed at lowering energy costs and reducing consumption of power from
the national grid. The government will also adopt energy saving methods including replacement
of all conventional bulbs with energy saving bulbs produced locally. As part of this greening
programme, we shall also fast track completion of five power generation projects that have been
identified.
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63. Mr. Speaker, to operationalise this initiative, I have earmarked, as government
contribution, Kshs 500 million. I expect to elicit donor support through this initiative to scale up its
operation. In addition, Mr. Speaker, I have allocated an addition Kshs 400 million for the
installation of solar technologies in the Arid and Semi-Arid regions.
Ensuring Food Security
64. Mr. Speaker, agriculture remains the mainstay of our economy. However, our
dependence on rain-fed agriculture has continued to expose our nation to famine. Through this
budget we are initiating a programme intended to reduce our reliance on rain-fed agriculture and
thereby substantially enhance our food production. This, we are committed to do in order to
ensure that we begin our journey to a food-secure Kenya so that Kenyans never go hungry again.
To this end, the government through the coordination of relevant ministries and departments is
working out an implementation strategy over the medium term focusing on mechanization,
irrigation, use of hybrid seeds, water harvesting, providing mixture of chemical and green crop
nutrients, efficient storage and marketing systems and application of scientific farming methods.
65. As a first step to ensuring our country is food secure in the medium term, I have allocated
substantial resources to respective ministries responsible for agriculture and irrigation and
regional development. In addition we have allocated Ksh. 3 billion toward rehabilitation and
expansion of irrigable land under Bura, Hola, Tarda, Wei Wei and Kerio Valley. From these
investments we expect to harvest about 1 million bags of rice and maize by the end of December
2009. As we scale up resources toward irrigable agriculture, we are confident that this great
Nation will emerge as a net exporter of food by 2012.
Taking Care of the Vulnerable Members of Our Society
66. Mr. Speaker, with the current economic challenges, the need to protect the livelihoods of
the poor and vulnerable groups in our society has become even more urgent. While some
existing programmes have worked well, their coverage is limited. In particular, the urban poor
have not been reached. It is for this reason that the government is in the process of developing a
national social protection policy, aimed at target in all the deserving members of our society. In
this regard, the Government has formed a Taskforce to spearhead the development of a welltargeted
food subsidy scheme to ensure food security and improve the welfare of the vulnerable
groups. To support this programme and to ensure its roll-out in the course of the year, I have
earmarked KSh 1 billion out of the KSh 2 billion set aside for drought relief in the budget.
67. Mr. Speaker, this social protection programme will supplement the initiatives I have
outlined under the economic stimulus package, which are aimed at expanding economic
opportunities in both rural and urban areas for employment creation, social stability and equitable
development.
68. Mr. Speaker, as a society we must care for those amongst us who are either elderly,
physically or mentally challenged, recognising that disability is not inability. In this budget, I have
allocated Kshs 200 million interest-free revolving fund toward financing business ventures by our
brothers and sisters who are physically challenged. Through this budget, Mr. Speaker, I am
going a step further to gazette regulations allowing disabled persons, employed or self-employed
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tax free income up to Kshs 150,000 per month, and further allow for additional deduction to their
taxable income of up to Kshs 50, 000 to cushion them against expenses on drugs, purchase of
disability related devises, home care services and treatment.
69. Mr Speaker, We have in the past taken steps to improve the welfare of our senior citizens
through our tax system. This time round, I have allocated Kshs 200 million as a cash transfer to
elderly persons of over 65 years and those mentally challenged. Modalities for ensuring effective
and timely transfer of such funds on a monthly basis will be developed before the end of this
year. Mr. Speaker, we recognize that such a program is not complete without taking into account
those physically and mentally challenged in special institutions of learning and care. To this end, I
have also allocated Kshs 100 million for purchasing specialized equipments and other
requirements to meet the needs of these members our society.
3.4 Strengthening Governance for Sustainable Development
70. Mr. Speaker, we recognize the importance of good governance for sustainable
development and, in this context, the government is committed to enhancing its governance
programme for better service delivery. This will ensure an efficient and effective public service
that will provide an enabling environment for sustainable business growth and development.
71. Mr. Speaker, the Treasury on its part, will continue to strive to ensure that public
resources are used efficiently and effectively for their intended purposes. We will intensify our
commitment to working with other Ministries, Departments and Agencies in the government, to
enhance financial integrity, and advance good governance.
72. Mr. Speaker, to ensure value for money to taxpayers and enhance accountability, the
Government will in the first quarter of fiscal year 2009/10 develop and enforce sector specific
public work benchmarks covering such areas as the construction of roads, bridges, dams and
boreholes.
73. Mr. Speaker, it has become clear that public entities are paying extremely highly inflated
prices for items that are easily available in the market. Going forward, procurement for all
common user items shall only be allowed within the established price reference. To address the
problems encountered in procurement including urgent purchases at the closure of the financial
year, we shall also henceforth ensure that proper annual procurement plans are prepared and all
procurements are implemented within the agreed plans. We will also introduce strict ethical and
integrity code of behaviour for all officers working on public financial management – procurement
officers, finance officers, accountants, CDF officers, budget supplies officers and internal auditors
74. Mr. Speaker, we are optimistic that these measures implemented within the framework of
the Governance Strategy for Equity and Poverty Reduction will enhance Financial Integrity in the
Public Service by making the misuse of public resources difficult to commit, likely to be detected,
and, certain to be punished. We reaffirm our full commitment to restoring the much needed trust,
and the confidence of the Kenyan people in the Government, and that of investors in the Kenyan
economy.
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4.0 FINANCIAL OUTTURN FOR 2008/09
75. Mr. Speaker, the implementation of FY 2008/09 Budget was faced with numerous
challenges. These include difficulties in achieving the revenue targets due to slow down in
economic growth; substantial additional requirements for importation of food, fertilizers and
expenses on drought and famine relief; and negative impacts of the global financial crisis. Mr.
Speaker, with this background in mind, I wish to take this opportunity to briefly appraise Hon.
Members on the financial outturn for 2008/09.
4.1 Revenues
76. Mr. Speaker, in the last Budget Speech, it was estimated that total revenues (including
fees and duties collected and applied at source) would amount to KShs.512.7 billion comprising
of KShs.467.9 billion in ordinary revenue and KShs.44.8 billion in Appropriations-in-Aid. However,
due to the slowdown in economic activities and other challenges, total revenues are now
estimated to reach KShs.501.9 billion by the closure of this financial year.
4.2 Expenditures
77. Mr. Speaker, regarding the expenditures, the 2008/09 Printed Estimates reflected
Ministerial Recurrent Expenditure amounting to KShs.388.9 billion, including KShs.39.7 billion
which was be to financed through Appropriations-in-Aid. The Consolidated Fund Services took
KShs.174.6 billion while Development Expenditure had a provision of KShs.196.2 billion.
78. Mr. Speaker, owing to unforeseen commitments which required huge funding, I recently
requested Parliament to authorize additional expenditures under the Supplementary Estimates.
Honourable Members will recall that the Supplementary Estimates for financial year 2008/09
which was recently approved by this House only reflected a net increase of KShs.722.1 million for
the Recurrent Budget while the Development Votes reflected a net reduction of KShs.1.8 billion.
79. Mr. Speaker, faced with the challenges of lower revenues, I instituted austerity measures
and rationalized expenditures by making reallocations within the budget to provide funding for
strategic interventions, such as importing food and fertilizers and therefore making them
affordable at subsidized prices to the mwananchi. In addition, we also had to reprioritize
expenditures and direct some resources to the “Kazi Kwa Vijana” Programme. This programme
which was officially launched by His Excellency the President is intended to provide productive
employment to the youth.
80. Mr. Speaker, overall, the approved gross recurrent expenditures for the current financial
year is now estimated at KShs.390.6 billion, with KShs.40.6 billion being financed through
Appropriations–in–Aid. Non-discretionary expenditures which are financed directly from the
Consolidated Fund Services amount to KShs.167.6 billion while the approved gross development
expenditures amount to KShs.203.3 billion with KShs.61.5 billion being financed through
Appropriations–in–Aid while the remainder of KShs.141.8 billion being financed from the
Exchequer.
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5.0 FINANCIAL PROJECTIONS FOR 2009/10
81. Mr. Speaker let me now turn to the financial projections for 2009/10 budget.
5.1 Revenue
82. Mr. Speaker, the total revenue target for fiscal year 2009/10 is KShs.569.6 billion (or
22.4% of GDP) comprising of KShs.522.8 billion of ordinary revenue and KShs.46.8 billion of
appropriations-in aid. The targeted revenue is predicated on the on-going reforms in tax and
customs administration.
5.2 Recurrent Expenditure
83. Mr. Speaker, as Honourable Members may have noted from their copies of the Printed
Estimates, the gross recurrent expenditure for 2009/10 is estimated at KShs.606.7 billion. This
includes KShs.41.8 billion which will be financed through Appropriations–in–Aid, and
expenditures financed directly from the Consolidated Fund Services, amounting to KShs.187.5
billion, thus leaving a net of KShs.377.4 billion for discretionary recurrent expenditures.
84. The Consolidated Fund Services comprise KShs.58.0 billion for domestic interest;
KShs.6.3 billion for foreign interest; KShs.24.3 billion for pensions, KShs.1.2 billion for salaries
and allowances of constitutional office holders; and KShs.1.3 billion for other non-discretionally
expenditures. In addition, I expect to finance external redemptions amounting to KShs.18.7 billion
and domestic redemptions amounting to KShs.77.6 billion.
5.3 Development Expenditure
85. Mr. Speaker, gross development expenditures for 2009/10 is estimated at KShs.258.9
billion. Out of this amount, KShs.68.6 billion will be financed through Appropriations–in–Aid,
comprising of direct project financing of KShs.20.2 billion in form of grants, KShs.44.1 billion in
form of loans and KShs.4.4 billion in form of Local Appropriations-in-Aid.
86. Mr. Speaker, taking the above into account, I expect to finance net development
expenditure amounting to KShs.190.3 billion from the Exchequer. This comprises of KShs.15.1
billion in form of grants revenue; KShs.24.4 billion in form of loans revenue; and KShs.150.8
billion from Government of Kenya.
5.4 External Grants
87. Mr. Speaker, on external grants, I have received commitments amounting to KShs.35.3
billion to finance development projects. Details of the donors and projects being financed are
included in the Development Estimates. I wish to sincerely thank the development partners who
have pledged and confirmed their support.
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5.5 Overall Deficit and Financing
88. Mr. Speaker, the overall fiscal deficit, after grants, amounts to KShs168.2 billion. After
taking into account expected net foreign financing of projects, amounting to KShs.50.2 billion,
projected privatization receipts amounting to KShs.6 billion, and a refinancing of Kshs.2.5 billion,
this would leave a financing requirement of KShs.109.5 billion to be financed through domestic
borrowing. Mr. Speaker, this means that the fiscal framework for 2009/10 is fully financed and
there is no financing gap.
6.0 TAXATION PROPOSALS
6.1 Overview of the Proposed Tax Policy Measures
89. Mr. Speaker, the rest of my speech outlines various tax policy and administrative
measures I intend to propose through the Finance Bill, and other regulation to be tabled in this
house. I therefore, request that the remainder of my speech be regarded as a notice of a motion
to be moved before the committee of ways and means.
90. Mr. Speaker, allow me first to acknowledge the many individuals and organizations who
took their time to make insightful budget proposals to the Minister for Finance for consideration
during 2009 Budget. I have reviewed these proposals, Mr. Speaker, taking into account past
experiences where the Treasury lowered taxes on certain basic commodities such as kerosene,
bread, rice and maize meal, only for traders and business entities to convert such tax relief into
expanding their profits, leaving poor Kenyans to continue suffering the high and unaffordable
commodity prices.
91. In this budget we shall not confer through tax measures, benefits to only a few Kenyans.
For this reason, I have incorporated most of the tax proposals I received within the framework of
expanding economic opportunities to all Kenyans.
92. Mr. Speaker, for those whose submissions have not been considered, the good news is
that there is another opportunity. My Ministry has established a Tax Harmonization Taskforce to
review and propose appropriate recommendations on how best to reform our tax system to better
serve taxpayers and facilitate achievement of Vision 2030. To date this Committee has received
numerous representations from individuals and private sector players, which will form the basis of
developing a business friendly tax regime in Kenya.
93. Mr. Speaker, as we go through these reforms, I expect the tax system we shall develop
will go a long way in complementing Government’s efforts towards addressing the aspirations of
our people and facilitate growth of the economy.
94. Mr. Speaker, as was the case last year and consistent with the earlier parts of my
speech, the tax measures I have proposed are grouped on the basis of their intended objectives.
Overall, Mr. Speaker, the measures I am proposing are targeted at:
i. Promoting growth of our industries to make them competitive
ii. Promoting tourism and film making industry for employment
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iii. Encouraging Growth of ICT and Infrastructure Development
iv. Promoting Oil and Energy Exploration and Power Generation
v. Encouraging Growth of Agricultural Sector
vi. Promoting Equity and Protecting the Poor and Vulnerable
vii. Enhancing Compliance with the Tax laws
viii. Strengthening Financial Systems for Sustainable Development
ix. Promoting Road Safety on Our Roads
6.2 Promoting Growth of Our Industries to Make them Competitive
95. Mr. Speaker, at this difficult economic time, we must be seen to care by supporting our
industries to continue in business. In this regard, I have proposed a number of tax measures to
promote growth of our industries and make them competitive.
96. First, to lower the cost of production for those manufacturers who use industrial sugar, I
propose to remove the Sugar Development Levy on refined industrial sugar imported by gazetted
manufacturers under the duty remission scheme. I expect this measure to be passed on to
consumers by way of lower prices in order to make our products competitive both locally and in
the regional market.
97. Second, Mr. Speaker, industrial development in the country holds the key to our
economic development. To encourage industrial growth and reduce the cost of manufacturing, I
propose to grant exemption of import duty on all industrial spare parts which will be managed
through the duty remission scheme.
98. Third, I further propose to remit all import duty on raw materials for the manufacture of
sanitary towels to make them cheaper and available locally, considering that imported sanitary
towels and tampons are already duty free.
99. Fourth, Mr. Speaker, as you may be aware, our leading paper mills have been
experiencing operational challenges in the recent past originating from imported cheap and
subsidized paper and paperboard products. In order to cushion the mills and to enable them
compete with these imports, I propose to grant a remission of duty on inputs for use by paper and
paperboard mills.
100. Fifth, Mr. Speaker, in the recent past we have witnessed an upsurge in accidents on our
roads leading to loss of innocent Kenyans, not to mention the other incidental costs to the
economy occasioned by these accidents. To safeguard against this situation, and also to promote
our local manufacturers I propose to remove import duty on asbestos fibres used in the
manufacture of brake linings and pads.
101. Sixth, Mr. Speaker, our textile industry has huge and untapped potential which need to be
exploited to cloth our people, create employment and export to earn foreign exchange. In addition
to the on-going efforts by the Government to implement measures to revive the cotton industry, I
propose to reduce import duty on all synthetic yarns, acrylic yarn, polyester yarn and high ferocity
yarn from the current rate of 10% to 0%. Further, Mr. Speaker, in order to encourage the
expansion of cotton sector, I propose to zero rate VAT on locally produced and ginned cotton.
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6.3 Promoting Tourism and Film Industry for Employment Creation
102. First, Mr. Speaker, as Hon Members are already aware, our tourism sector was adversely
affected by last year’s post election violence. This was compounded later in the year by the ongoing
global economic recession. In order to revive and promote growth of this important sector, I
propose to grant an exemption of import duty on all four wheel drive motor vehicles specially
designed and built for tourist purposes.
103. Second, Mr. Speaker, our film industry has lagged behind other destinations such as
South Africa, Egypt, and Nigeria. To encourage growth of this industry that has the potential to
create employment to our youth, generate income and promote entertainment industry, I propose
to remove the current import duty of 25 percent and VAT of 16 percent on television cameras,
digital cameras and video camera recorders.
104. Third, Mr. Speaker, Kenyans are leisure-loving people who enjoy watching Television
Programs, but unfortunately the many programmes available to them are foreign programmes
and movies. Many film makers find Kenya expensive yet an attractive destination for shooting
and making movies. To promote the film industry in Kenya and also attract foreign film makers
so as to profile Kenya as a film making destination of choice, I propose to zero rate for VAT
taxable goods and services offered to film producers.
105. Fourth, Mr. Speaker, the Government fully recognizes the pool of talents we have in our
country and the need to provide appropriate incentives to this upcoming industry to create
employment opportunities for the youth. In this regard, Mr. Speaker, I also propose to grant a
one hundred (100%) per cent investment deduction on capital expenditure incurred by a film
producer on purchase of any filming equipment.
6.4 Encouraging Growth of ICT and Deepening Infrastructure Development
106. First, Mr. Speaker, The East African Marine System Ltd (Teams) and Seacom Kenya Ltd
have invested heavily in under sea fibre optic cables, whose completion and full deployment is
expected to reduce significantly the cost of communication in our country. In addition to other
measures which the Government has so far taken to encourage such investment and to further
encourage the uptake of this facility by the internet service providers and other intermediaries, I
propose:
(i) To allow the internet service providers to offset against their taxable income the cost
incurred in acquiring the right to use the fibre optic cable over a period of twenty years;
(ii) To increase wear and tear on telecommunication equipment including the fibre optic cable
from 12.5% to 20%;
(iii) To provide tax deduction of 5% on computer software.
107. Second, Mr. Speaker, since 2000 when only about 200,000 Kenyans had the privilege to
own a mobile handset, the mobile telephony industry has grown tremendously, now estimated at
about 17.5 million subscribers. Mobile telephones have, therefore, become essential aspect of
our daily communication and transaction system. To make the telephone sets more affordable to
wananchi and expand the subscription base, I propose to exempt from VAT, all telephones, for
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cellular networks or other wireless networks. I do hope the dealers in these products will pass this
benefit to ordinary wananchi by lowering prices.
108. Third, Mr. Speaker, several policy measures have been taken in the past to decongest
our major urban centres by encouraging investors to locate their investments outside the major
central business districts. While the response to some of these measures has been positive, a
number of investors still prefer to invest only within the urban centres. To further encourage
dispersion of investment outside the central business districts, I propose a very generous
investment allowance of one hundred and fifty (150%) per cent to any person who makes
substantial investment in any satellite town around the major cities of Nairobi, Mombasa and
Kisumu.
109. And fourth, Mr. Speaker, as part of our effort to promote local and foreign investors, I
propose to include construction of training institutions in the list of building, which qualify for
capital deduction. This measure will allow investors to put up such training facilities and claim
capital deduction at the rate of 50 percent per annum, thereby allowing them to recover cost of
construction within two years and reinvest in expansion to profile our country as a training hub in
the region.
6.5 Promoting Oil and Energy Exploration and Power Generation
110. First, Mr Speaker, our country is currently undertaking exploration for oils, gas and
geothermal energy. To reduce the cost and encourage other private sector players to conduct oil
exploration activities in Kenya, I propose to grant import duty exemption on equipment and inputs
excluding motor vehicles imported by a licensed company for direct and exclusive use in oil, gas
or geothermal exploration and development.
111. Second, Mr. Speaker, KPLC and Telkom Kenya have been experiencing serious
challenges through vandalism of their copper wires and other equipment. To address this vice
and protect the equipment of KPLC and Telkom Kenya, I have imposed a ban on exportation of
scrap aluminum, steel and copper wires and cables. This measure is expected to enable KPLC
and Telkom Kenya to continue providing Kenyans with these essential services.
112. And third, Mr. Speaker, in order to make power available to our homes and industries, I
propose to zero rate VAT on power generators and generating sets
6.6 Encourage Growth of Agricultural Sector
113. First, Mr. Speaker, we have witnessed an improvement in wheat production in the country
and also a fall of wheat prices in the international market in the last one year. In order to promote
our agricultural sector and protect wheat farmers from cheap imports, I propose to raise the
current import duty rate on wheat from 10% or 50 US$ whichever is higher to a rate of 25%.
114. Second, to also support our dairy farming sub-sector through further incentives, I propose
to grant an exemption of import duty and to zero rate for VAT, heat insulated milk tanks, to help
dairy farmers in preserving their milk.
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115. Third, Mr. Speaker, ensuring food security remains Government’s top priority as already
mentioned in the earlier part of my speech. As we enhance the national food reserves, we need
to encourage individuals and groups to store their produce. In this regard, I propose to zero rate
for VAT taxable supplies for the construction of grain silos.
116. And fourth, I further propose to zero rate for VAT, refrigerated trucks and parts for
agricultural, horticultural and forestry machinery.
6.7 Promoting Equity and Protecting the Poor and Vulnerable
117. First, Mr. Speaker, as I have already stated the on-going global economic recession has
compounded our socio-economic challenges thus making it difficult for ordinary Kenyan to make
ends meet. In order to allow those amongst us who cannot afford expensive clothing during this
difficult time, I propose to reduce the current import duty on second hand clothing (mitumba) from
the current rate of US$0.3 per kg or 45% whichever is higher to US$0.20 per kg or 35%
whichever is higher.
118. Second, Mr. Speaker, in the year 2008/2009 the Minister for Finance zero rated motor
cycles of between 50cc and 250cc. Since then the number of motor cycles (boda bodas) on our
roads have increased significantly, creating employment for our young people. However most of
these bicycles, which are taxed under VAT at the rate of 16%. To make these bicycles affordable
to wananchi in order to ease transport in many parts of the country, I propose to zero-rate them.
119. Third, Mr. Speaker, in the recognition of the fact that beautiful women are the face of a
healthy society, I propose to reduce excise duty on cosmetics and skin care products from ten
per cent to five per cent. Further I propose to remove excise duty on jewellery products. These
measures would make these products not only affordable, but also accessible to majority of our
Kenyan women and even men.
120. Fourth, Mr. Speaker, there has been an outcry over the retail prices of soft drinks, juices
and water. I do recognize that manufacturers of these products rely on sales volumes due to the
small profit margin, which are very sensitive to price variation. Towards this end, I propose to
reduce excise duty on water from 10% to 5%, and that on carbonated soft drinks and juices from
10% to 7%. I do therefore expect the manufacturers and retailers of these commodities to adjust
their prices downwards accordingly so as to pass the benefit to the consumer.
121. Fifth, Mr. Speaker, the current excise tax rate disparity across our borders remains a
major source of smuggling and tax evasion of spirit and wine products. To mitigate against these
risks and encourage use of locally produced hygienic products, I propose to change the excise
duty regime from alcohol by volume to a hybrid type of specific and ad valorem as was the case
before.
122. In this regard, I propose to change the excise duty on spirit from Ksh 7/= per 1% of alcohol
per litre to Ksh 120 or 65% whichever is higher, and that of wines from Ksh 7/= per 1% of alcohol
per litre to Ksh 70 or 50% whichever is higher. Mr. Speaker, I expect this measure to reduce the
prices of portable spirits and wines thereby making them affordable to our people in order to
reduce consumption of unhygienic and dangerous illicit spirit.
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123. Sixth, Mr. Speaker, in addition to measures we have taken in the past and building on
those I have already mentioned to care for the elderly and senior members of our society to live
and retire in dignity, I am going a step further to recognise the important role these members of
our society play in our country. In this regard, I propose to increase the tax exempt limit for
monthly pension from fifteen thousand shillings to twenty five thousand shillings, thereby
exempting from tax all those in receipt of monthly pension of twenty five thousand and below.
124. Seventh, Mr. Speaker, the work done by the Kenya Committee of Red Cross in this
country when disaster and other natural calamities occur is critical and much needed by those in
distress. In order to support the initiatives of Kenya Red Cross Committee, I propose to exempt
goods including materials, supplies, equipment and motor vehicles for official use in the provision
of relief services imported by the Kenya Red Cross Organization.
125. Eighth, Mr. Speaker, in further recognition of the Kenya Red Cross role toward social
development, including improvement of health and prevention of disease among other services, I
propose to zero rate taxable goods and taxable services supplied to the Kenya Red Cross.
6.8 Enhancing Compliance with the Tax Laws
126. Mr. Speaker, VAT withholding was introduced with a view to assisting the government
recover tax from taxpayers who were not previously paying the tax. The taxpayers are in turn
provided with VAT withholding certificate, which will enable them offset the VAT withheld.
However there have been complaints of delayed withholding certificates from the withholding
agents. To put an end to this, I am proposing an amendment to the law to require VAT
withholding agents to issue a VAT withholding certificate to their supplier, at the time of making
payment.
127. Mr. Speaker, upon registration of taxpayers for VAT purposes the law allows the taxpayer
to apply for claim for relief of tax paid on the goods in stock, within thirty days. Taxpayers have
complained that the thirty days are too short. I am proposing to extend this period from thirty
days to six months.
128. Mr. Speaker, the administration of VAT refunds has continued to be a challenge and has
indeed caused cash flow problems to our businesses and investors. I am reviewing the refund
position to come up with a lasting position. In the meantime, I propose to gazette known
exporters who will qualify for zero rated supplies get supplies zero-rated. This measure is
expected to greatly assist our horticultural and floricultural exporters, in turn improving their cash
flow position.
6.9 Strengthening Financial Systems for Sustainable Development
129. First, Mr. Speaker, in spite of the progress we have made in the banking front, many
Kenyans remain unbanked due to the limited outreach by deposit taking institutions. One of the
ways of reaching this objective is to increase the outreach of the banking sector to the vast under
banked and unbanked Kenyan populace. In this regard, I propose to amend the Banking Act to
allow for branchless banking. This, Mr. Speaker, will allow banks to extend their footprint through
agencies with wide distribution networks.
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130. Second, Mr. Speaker, the current mandate of Postbank is rather restrictive and has
worked negatively on its profitability, particularly in the face of stiff competition in the banking
sector. Mr. Speaker, Postbank receives over USD 100 million on an annual basis through
remittances from the Diaspora. Unfortunately, due to its restrictive mandate, it can not trade
these dollars. therefore, I therefore, propose to amend the Kenya post Office Savings Bank Act
to expressly allow Postbank to transact in foreign exchange business in accordance with the CBK
rules and regulations. This will boost the profitability for the Postbank and assert its existence in
the future.
131. Third, Mr. Speaker, in the recent past, innocent Kenyans suffered huge financial losses
after being lured to invest in illegal pyramid schemes which were promoted as superior
alternatives to traditional banking. The economic and political influence of such criminal
organizations can weaken the social fabric of the society, collective ethical standards and
ultimately the democratic institutions of the society. In order to stop these evil schemes from
defrauding Kenyans in the future, I propose to amend the penal code to outlaw the operations of
pyramid schemes including non-genuine multi-level marketing operations.
132. Fourth, Mr. Speaker, as you may be aware, the Government has in the past taken some
key policy decisions to reform the Capital Markets industry and ensure safety of investors’ wealth.
In this regard and in order to give full effect to the reforms adopted recently, I propose to amend
the Capital Markets Regulations to increase the share capital for stockbrokers and investment
Banks from Kshs.5 million and Kshs.30 million to Kshs.50 million and Kshs.250 million
respectively in order to adequately capitalize them to reflect their turnover levels.
133. Fifth, I further propose to amend the Capital Markets Regulations to require entities under
the Capital Markets that collect money from the public to secure professional indemnity insurance
to cover losses that may arise from their default or negligence to ensure investors are adequately
protected. These policy measures, Mr. Speaker, are aimed at restoring investor confidence in the
Capital Markets.
134. Sixth, Mr. Speaker, currently, financial services, offered by banks or financial institutions
are exempted from VAT. However, financial services offered by non banking and non financial
institutions are taxable. To create a level playing ground, I propose to list and exempt financial
services from VAT, irrespective of the institution offering them.
135. Seventh, Mr. Speaker, long-term financing especially for the development of our
infrastructure remains a major challenge. In this regard I propose first to reduce withholding tax
from 15 per cent to 10 per cent on interest arising from long term bonds of ten years maturity and
above, and secondly, to grant capital deduction to any person entering into a concessioning
arrangement with the Government. Such an investor would be able to recover, the cost incurred
in the purchase or substantial improvement of any machinery over the period of the concession.
136. Eighth, Mr. Speaker, the Government has in the past availed numerous fiscal incentives
to attract listings in the Nairobi Stock Exchange. Unfortunately, this has not improved the
situation as anticipated since only five (5) companies have so far taken advantage of the
incentives. Mr. Speaker, One of the arguments from the market players is that the listing process
is long and attracts a very high listing fee at the rate of 0.3% of the value of the issue without a
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Cap. In this regard and in order to deepen the Capital Markets development, I propose to amend
the relevant law to reduce the listing fee by 50 percent, that is, from 0.3% to 0.15% for new public
offers of equity. This, Mr. Speaker is expected to facilitate raising of additional capital for
expansion and growth of interested companies as well as availing the opportunity for more
Kenyans to own local companies.
137. Ninth, Mr. Speaker, the Government established the Retirement Benefits Authority in
order to regulate and streamline pensions’ sector in the country and guarantee better income to
the scheme members after retirement. However, we have witnessed in the past imprudent
investments made by a category of pension schemes in total disregard of the RBA rules and
regulations, leading to huge losses of members’ hard earned savings. In order to address this
problem and ensure that members’ contributions are safe and prudently invested, I propose to
amend the Retirement Benefits Act to require that new investments by pension schemes that
receive statutory contributions be put in Government Securities and infrastructure bonds issued
by public institutions only.
138. This, Mr. Speaker, will go a long way to guarantee a steady rate of return thereby
increasing confidence for Members’ returns. It will also seal the abuse by the aforementioned
schemes to sink members’ funds in dubious investments.
139. Tenth, Mr. Speaker, Defined Benefit Schemes are required under the law to undertake
actuarial valuations every three years in order to establish their liabilities and funding levels. The
minimum funding level allowed under the law is 80% of the value of accrued liabilities. Although
schemes have continued to be valued, it has been noted that schemes which are being
discontinued have had difficulties meeting their liabilities especially where the scheme funding
level is below 100 per cent. In order to ensure that schemes are able to meet their liabilities as
and when they fall due, I propose to amend the Retirement Benefits Act to increase the minimum
funding level from 80 percent to 100 percent for all defined benefits schemes both on going basis
and discontinuance basis.
140. Eleventh, Mr. Speaker, the current provisions of the Insurance Act allow shareholders of
insurance companies to hold unlimited number of shares. This has given rise to corporate
governance challenges especially where a single shareholder has majority control of the
company and makes imprudent decisions relating to the operations of the business I propose to
amend the insurance Act to restrict shareholding of insurance companies by a single person
either directly or indirectly to 25%.
141. I further propose to amend the Insurance Act to bar any person who directly or indirectly
owns, controls, or is beneficially entitled to more than twenty percent (20%) of the shares of an
insurance company from participating in the day to day management of the company. These
measures, Mr. Speaker, will go a long way to reduce the possibility of control by related parties
and will facilitate the practice of good corporate governance and ensure stability in the insurance
industry.
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6.10 Promoting Safety on Our Roads
142. First, Mr. Speaker, In the past few years, the Government has undertaken a number of
reforms in the Road Transport Sector which include the issuing of new generation logbook. In
order to enhance these reforms I propose to amend the law that deals with the registration of new
owners of vehicles where a transfer has taken place as well as the law on registration of imported
commercial vehicles.
143. Second, the proposed amendments should encourage vehicle owners to migrate from the
old generation logbook to the new generation logbook which is issued electronically and has
more security features. The replacement will be free for those who hand in the old generation
logbook.
144. Third, in addition, Mr. Speaker, it has been noted that some importers of commercial
vehicles are using them without having registered with the Road Transport Department. I propose
to amend the law to require importers of commercial vehicles to have them inspected and
registered within 30 days of release by Customs Office. The proposed measure should
discourage the use of unregistered commercial vehicles on our roads.
145. And Fourth, Mr. Speaker Sir, it has been noted that some vehicle owners and drivers
waste many productive hours between our roads, police stations and the courts for being
involved in minor traffic offences which can be sorted out in a more convenient way. To address
this concern, I propose to amend the Traffic Act to allow minor traffic offenders who have pleaded
guilty before the traffic policeman to be fined on the spot and allowed to proceed with their
journey.
7.0 CONCLUSION
146. Mr. Speaker, in this budget, I have outlined bold and comprehensive measures that I
believe will enable us to address the short term challenges that we face while at the same time
staying focused on implementing our priorities under Vision 2030. I would like to assure Hon
Members, and more important, all Kenyans that we fully understand the enormity of the task that
lies ahead. However, we believe that we have what it takes to confront the challenges that may
hold us back from our quest to turn this nation into a middle income country over the next 22
years.
147. Time and again Mr. Speaker, Kenyans have demonstrated that even when confronted by
the most serious challenges, they have the capacity and resolve to put their differences aside, to
rise to the occasion, and overcome their problems. I therefore urge all Kenyans to join together in
the work of rebuilding this nation the only way it can be done – all of us united and working
together towards one vision. The vision of steering our economy along the path of prosperity as
enshrined in our Vision 2030. Let us resist the temptation to fall back to partisan politics and
alliances that have reversed the gains we had worked so hard to build. Let us summon our sense
of patriotism and determine as Kenyans to bridge the divides that have held back our progress.
148. Further Mr Speaker, this country will not prosper without a strong ethical foundation. We
need as a country to foster higher standards of integrity. Nothing less than a determination to
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transform is required of us. I would therefore like to urge all Kenyans to play their part in fostering
a society with strong moral and ethical values.
149. Mr Speaker, in this budget, I have also gone a step further to announce new and bold
measures designed to address inequality and to ensure that ordinary mwananchi can feel and
appreciate our genuine desire to spread development to all parts of our beloved country. If we
continue along this path, I believe that in the near future, we shall begin to reap the benefits of
our efforts. We should not be despondent, but optimistic. Kenyans are known for excelling in long
distance races. Those who complete these races never do so because they perceive the race as
being too long or the incline too steep.
150. Mr. Speaker, In conclusion, and with humility, let me call upon all Kenyans who we know
as determined and hard working, to ensure that we, just like our long distant runners, complete
what we have started. And to all the Hon Members under whose leadership we have trusted the
huge resources, let us work together to confront our challenges and build equitable and united
Kenya.
God bless you, God bless Kenya.
Mr. Speaker, I beg to move