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- Dr. Lyla Latif

Imperilled Welfare States of Eastern Africa: A Comparative Analysis of the Policy Legacies of Taxation Politics in Kenya and Uganda

Imperilled Welfare States of Eastern Africa: A Comparative Analysis of the Policy Legacies of Taxation Politics in Kenya and Uganda

This chapter uses Kenya and Uganda as its case studies to reveal how the colonial administration during independence reconstituted the existing political and legal relations ‘in terms of imperatives and then gave them back to the people as their own’ (Fitzpatrick 1985, p. 479). This inevitably predisposed Kenya, Uganda and other Eastern African states to a particular pattern of economic development—where the burden of taxation fell on the citizens, whereas the benefits from domestic resource extraction that were accrued were guaranteed for foreign investors. This may also explain why today, taxation is not entirely crafted on the realisation of effective public policy delivery. The state is yet to match tax mobilisation with the practical aspirations of the people, resulting in policy implementation deficits (see Onyango and Hyden 2021). Against this background, this chapter discusses how the colonial tax model adopted by the independent governments of Kenya and Uganda, as other former colonies, ensured that the British colonial legacy remained intact and but tressed from re-organisation to enhance the welfare aspirations of these countries. The chapter is structured as follows: it discusses the problem of an acquired post-colonial tax system pinpointing the inequalities that it introduces. It then considers these inequalities in the context of tax asymmetries that distinguish between native and foreign capital in granting tax privileges. A discussion addressing the disconnect between the Kenyan and Ugandan tax policy and the achievement of social welfare follows before a conclusion. The chapter shows how despite incremental transformations in response to the current contexts, the colonial tax system replaced by the Kenyan and Ugandan governments established a fiscal relationship that treated individuals according to class and economic structures, thereby restraining tax power in redistribution.

Uploaded by Dr. Lyla Latif
I have expertise in public finance and redistribution. My research, legal practice and publications focus on the physical and digital creation, movement, allocation and taxation of wealth, income, profits and revenue towards development needs and advancing progressive tax systems. I also train on international business taxation and on curbing illicit financial flows. My work has benefited African based and international advocacy organisations and think tanks; informed policy and law making at government level and provided pan-African specialist insight to international financing organisations. Outside Africa, I have studied and published on the tax systems of Afghanistan, Bangladesh, Sri Lanka, the UAE and Qatar. I have supported capacity building, strengthening tax literacy and redefining norms around revenue mobilisation, financial flows, digitalisation, realising rights, financing and implementing SDGs, redistribution and fiscal systems in Africa. I am a first-class law graduate from the University of Nairobi, with a double Masters; one in public finance and financial services law and another in public policy and development. I have a PhD in wealth tax and financing public health. As the Chief Executive of Lai'Latif & Co Advocates, I have crafted a unique legal practice that not only excels in corporate and international taxation, and transactions law but also uplifts underprivileged women through a philanthropic wing powered by zakat. My dedication to social justice extends to my prominent roles on the boards of the Tax Justice Network (UK) and the International Lawyers Project. My expertise has been instrumental in shaping tax doctrine and practice in East Africa, as a member of the East Africa Law Society's inaugural Tax Law Committee. I am also a trainer with Capabuild, Rotterdam's premier tax capacity building organisation, imparting my knowledge of international tax norms and rules to revenue authorities in Botswana, Indonesia, and Kenya. As the visionary Chair and co-founder of the Committee on Fiscal Studies, I lead a team of brilliant minds in our quest to reform and strengthen tax systems in the global south. Through research, policy advocacy, capacity building, and tax trainings, I strive to bridge the knowledge gap and empower developing nations to build more robust and equitable fiscal systems. In October 2023 I was appointed by the Ministry of Information, Communications and Digital Economy of the Republic of Kenya to lead on developing a roadmap and regulations for creating an enabling environment for emerging technologies (AI, IoT, 5G) and data governance in Kenya. I have also designed for Tax Justice Network Africa an Anti-IFF Policy Tracker for AU Member States to pilot and evaluate the extent to which their laws, institutions and cross border exchange of information is robust in preventing IFFs.
Publication Details
Date Of Publication:
Author:
Lyla Latif
Country:
Uganda
Languages: English
Category:
Tax and the International Financial Architecture
Resource Type:
Publications
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