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- ItemDouble taxation in the East African Community: a case for reforms(Strathmore University, 2021) Rasanga, Luise NudiIdeally, there should be free movement of goods, services and capital across East Africa because this is the main objective of the East African Community (EAC). The EAC Common Market Protocol is premised on the free movement of capital, goods, and services and freedom of establishment. The EAC Treaty stipulates the avoidance of double taxation as an objective of the EAC. In international tax law, double taxation in cross-border trade is avoided through unilateral measures by states or the negotiation of bilateral or multilateral tax treaties. In 2010 the EAC member states signed a multilateral tax treaty aimed at providing a regional framework against double taxation; however, the same is yet to enter into force ten years later. This study demonstrates how double taxation is a barrier to the process of integration in EAC. The thesis analyses the domestic laws of member states, the provisions of the EAC Treaty and EAC multilateral tax treaty. Through an analysis of existing legislative and treaty provisions for the elimination of double taxation in the bloc, the author argues that unilateral measures are not always adequate to effectively relieve double taxation. Second, the author demonstrates that the EAC multilateral tax treaty is outdated and is not fit for purpose as it would result in double taxation through gross based final withholding tax and double non-taxation through indirect share sales. Based on the foregoing findings, the thesis makes recommendations on how to effectively deal with double taxation in the Community. First the EAC Multilateral tax treaty should be updated and supplemented before it enters into force because, in its current form, its application would result in double taxation as well as double non-taxation. Further, based on lessons learnt from the EU and the Caribbean Community, the study recommends a more prominent role for the EAC community institutions in tackling double taxation and furthering the objectives of the EAC.
- ItemOccupational health and safety framework in the upstream oil and gas sector: a case study of Rwanda(Strathmore University, 2021) Mukanjishi, SpeciozaRwanda’s upstream oil and gas sector has realized the benefit for exploring its natural resource having recently discovered commercially viable quantities of oil and gas. Rwanda is still at its nascent stages of oil and gas operations. There is however, the need for the sector to legislate the inescapable ‘occupational health and safety’ concerns exposed to workers. The study explored the legal and institutional framework that mirrors the sector aspects of occupational health and safety. The inadequacy of occupational health and safety provisions under Rwanda’s Petroleum Act to establish whether the requirements meet international best practices remains problematic. This study was guided by two research questions. The first (1) research question determined whether upstream laws of Rwanda have catered for occupational health and safety concerns within the sector. The second (2) research question determined whether occupational health and safety requirements in the upstream sectors should be enforceable in Rwanda, and if the said meets international best practice standards. As a yardstick, the study underscored the presence of occupational health and safety framework within other jurisdictions. These include Norway, Angola and UK for Rwanda’s sector placement as a proposed methodology. This study was conducted through analysis of primary and secondary data such as statutes, Text books, scholarly Articles, Journals, and Reports. This study hopes to inform the Government of Rwanda(GOR), and policy makers within the upstream sector on how best to implement the occupational health and safety framework through making reforms so as to incorporate the concerns within the sector.
- ItemAssessment of tax incentives for contractors in Kenya’s upstream oil and gas legislative framework(Strathmore University, 2021) Ahmed, Mohamed BulleTax and tax related incentives applicable in Kenya’s upstream oil and gas sector are defined in two main statutes: The Income Tax Act and the Petroleum Act, 2019. Since 2010, Kenya’s taxation regime has undergone numerous developments and of key relevance to this study is the introduction of a separate schedule to the Income Tax Act on taxation of the extractive industry in 2014. The Ninth Schedule separates the taxation treatment of mining and petroleum operations from other sectors of the economy. The incentives provided for under the Ninth Schedule to ITA can be placed into three categories namely: income tax deductions; custom duty exemptions; and value added tax exemptions. This thesis critically analyses the tax incentives available for international oil companies in the Kenyan law. It identifies the gaps and inconsistencies in the provisions for tax incentives under the Ninth Schedule to the Income Tax Act and the model Production Sharing Contract (PSC) under the Petroleum Act, 2019. The research methodology used is qualitative research design, utilizing primary and secondary sources of data. It involves review of the legal framework for taxation in the oil and gas sector. Literature materials reviewed included books, journal articles, theses, online sources; as well as statutes, rules and regulations governing taxation in the oil and gas sector. Literature materials analyzed apply to the Kenyan context as well as other jurisdictions such as Ghana and Nigeria. Kenyan literature especially touching on or analyzing the incentives under the fairly recent laws was found to be scanty as few authors have written about them. The findings of the research are that there are inconsistencies, overlaps and gaps in the Ninth Schedule to the Kenya Income Tax Act (KITA) and the model Production Sharing Contract (PSC) relating to tax and tax-related incentives in the upstream oil and gas sector. The inconsistencies, overlaps and lack of clarity in effect tend to blur the incentives intended to attract International Oil Companies (IOCs). Ghana and Nigeria have made commendable efforts to establish and impendent tax incentives for IOCs in their oil and gas sector, and few lessons can be drawn from them. The study makes appropriate recommendations on how Kenya can address the challenges identified.
- ItemRegulation of Fintech: analysis of data protection provisions aimed at protecting consumers in Kenya(Strathmore University, 2021) Nyawara, Delbert OcholaThere is no single universal definition of financial technology (Fintech). Fintech can be defined as the delivery of monetary solutions using technology or even the integration and use of technology within finance. The use of Fintech has resulted in a shift in the mode of operation of most financial markets leading to increased opportunities and access to financial services. All the benefits of Fintech aside, Fintech has presented a huge challenge for regulators as there has been lack of clarity in regulation of Fintech leading to various risks being occasioned upon consumers. Additionally, most Fintech solutions do not integrate into the existing regulatory framework leading to more exposure of risk to its consumers, particularly posing risk in the protection of consumer data. In addition, there has been numerous attempts to generate certainty within the existing legal framework for regulation of Fintech. This has been argued to be stifling innovation. To this end, this thesis will assess the regulation of Fintech while protecting the interests of the consumer, particularly on data protection and fostering innovation by analyzing the prevailing regulatory framework in Kenya and across the region while drawing lessons from the United Kingdom on the need for the supervisory authorities to have appropriate mechanisms including investigative and corrective powers.
- ItemEvaluating the case for a unified model of regulation in the financial services sector in Kenya(Strathmore University, 2021) Ndichu, Lilian WanjikuThe Financial services sector plays a crucial role in the economy of any country. To make sure that the financial sector is stable, it is prudent to regulate it. A sound regulatory framework is thus important to safeguard the smooth operation of the financial sector. In Kenya, the current regulatory framework has been marred by a multitude of challenges due to the dynamic changes that have been experienced in the sector such as technological innovations. This has resulted to regulatory gaps and overlaps which have led to regulatory arbitrage. To resolve some of these challenges, reforms in the regulatory framework have been proposed including the introduction of a unified model of regulation. A unified model of financial regulation is one where there is one single regulator for the whole financial services industry. The current regulatory framework in Kenya is set along sectoral lines such that there is a single regulator for every sector in the financial industry and this has been marred by multitude of problems including regulatory overlaps and gaps. In its search for the most optimal model of financial regulation in the financial services sector, Kenya has introduced reforms towards improving the current regulatory framework and to also ensure alignment to international practices. This paper analyses effectiveness of the current regulatory framework in the Kenyan financial market and the rationale for the proposed model of a unified regulator for the Kenyan financial services against the background of the general objectives of financial regulation and the different models of financial services regulation adopted in other jurisdictions to determine the most suitable model of regulation for the financial services sector in Kenya.