The director of Hanamal Construction limited has been charged with with tax fraud of over 100 million in relation to tax.
Hassan Ahmed Noor is accused of unlawfully making incorrect statements in his income tax return for the year 2015, which act reduced his corporate tax liability by Sh 4,499,163 payable to the commissioner of taxes.
He is alleged to have committed the offence 1st January 2015 ad 1st February 2016.
Noor faces another charge of tax fraud of Sh 20,817,971 for the year 2016 and another Sh 26,106,797 for the year 2017.
In another charge, the businessman is charges with tax fraud of Sh 65,651,535 for the year 2015, 2016 and 2017 and another Sh 57,538,801 for the same years.
He is alleged to have committed these offences between 2015 and 2018.
He pleaded not guilty before Principal Magistrate Peter Ooko.
Plea was to be taken on Friday but the accused person did not appear which led to warrants of arrest being issued and directed to appear today for plea.
While relying on the affidavit of the investigating officer the prosecution opposed his release on bail on grounds that he is at flight risk.
The court heard Noor resisted arrest and threatened the police officer arresting him by pointing his gun at him at close range. He is a licensed firearm holder.
It is alleged that the officer had to jump out a moving vehicle to save his life and that he reported the incident at railways police station.
The prosecution further submitted that obstructing officers in their line of duty is a serious offence recognized in the penal code.
The accused had alleged that he had been admitted in hospital for two days but the prosecution challenged the legitimacy of the medical document that was presented before court on Friday 11th.
According to the prosecution, even if the accused is unwell, he can be taken for treatment at KNH while in custody as the condition does not warrant admission.
In response, his lawyer said that the affidavit does not show who drew it making it defective.
According to the lawyer, his client was asked on Friday 11th to present himself before court today which he did.
The prosecution however cut him short and informed the court the lawyer was misleading the court since a warrant of arrest was issued against him.
The magistrate indeed confirmed that there was a warrant for his arrest.
The lawyer went ahead to submit that his client should be granted bail since it is a constitutional right not favour from prosecution.
He added that the businessman is ready to attend court, not at flight risk and is ready and willing to deposit his travel documents in court.
The ruling will be delivered on 15th October.
