Court dismisses application by ex-KRA official to stop his corruption case


High court has dismissed an application by a former Kenya Revenue Authority official to quash his Prosecution and that of his wife.

Justice Mumbi Ngugi ruled that the couple, Joseph Chege Gikonyo and Lucy Kangai and their company, Giche Limited were not entitled to the orders they sought thereby dismissing the application.

“There is no basis for an allegation that their rights were violated since they were on  29th June arrested and charged in court the next day and upon pleading to the charges they were released on bond,” ruled the judge.

The couple filed a petition seeking to block their trial before Chief Magistrate Anti-Corruptuon court on grounds that they were charged for allegedly failing to pay tax amounting to Sh 38,692,694 which prosecution was an abuse of the legal process as it contravenes section 80 (1) of the TPA which prohibits Prosecution whenever penalties are imposed on a taxpayer under any tax law.

 They further added that the DPP, in a discriminatory manner violated Article 27 of the Constitution and decided to prosecute them notwithstanding the existence of an express statutory provision prohibiting their Prosecution.

According to the petitioners, the commission has been pursuing them on account of unexplained wealth and assets since 2016 and that over four years have lapsed and the commission is getting frustrated with its losses in the Civil suit in the high Court through the Civil process.

Gikonyo stated that sometime in 2016 they were summoned to appear before KRA which they appeared and disclosed his financial affairs and also disclosed to KRA the kind of business he was involved in and supplied them with financial records. He added that unknown to them but disclosed two years later by the EACC, KRA tax audit had been taken at EACC’s request and the commission had requested that KRA issue a tax assessment against his company and him.

The DPP had opposed the petition arguing that there is no evidence demonstrating that the case complained of was filed in the absence of a proper factual or that may suspect ulterior motive or improper purpose.

Prosecution said based on the investigations carried by the commission, it had established that between 2012 and 2015, they fraudulently and unlawfully failed to remit due and owing to KRA and the DPP had therefore made a decision to charge them with fraudulent failure to pay taxes.

The couple wanted the DPP and the Kenya Revenue Authority prohibited from prosecuting them over the tax assessment dated 26th April 2017, issued by the KRA.

The couple also urged the court to quash charge sheet dated June 30 containing charges against them and declare that by recommending their Prosecution in relation to the tax assessment dated April 26,2017, the Ethics and Anti-Corruptuon commission abused its statutory in pursuit of a collateral and extraneous purpose not connected with the criminal justice.