KRA officer testifies against Governor’s husband, 10 others in tax fraud case

Milimani Law Courts, Nairobi.

A Kenya Revenue Authority investigator has testified against 11 people, among them the husband of Nakuru Governor Susan Kihika, Samuel Mburu Kamau, in a Sh 6 million tax fraud case.

Patrick Mugambi told trial magistrate Zainab Abdul how he discovered a misdeclaration of the containers which would have defrauded the Kenya Government revenue.

Mugambi testified that they received intelligence reports that there were some containers, whose contents had not been declared.

“We raided the premises and discovered imported goods that had not been declared,” Mugambi testified.

The court heard that when the officer checked the Simba System, which is used by KRA to verify details of an exporter or importer, and the description and quantity in the container being processed, he discovered the mis-declaration when he compared was contained in the system and physical forms.

The accused persons are alleged to have connived with KRA officers to pass the contents of the nine containers as machinery yet they contained cooking oil.

Mugambi testified that he questioned a number of staff involved and finally made recommendations to the commissioner that officials of KRA intelligence, Harry Thuo and Esther Maina should face disciplinary committee.

Others alleged to be involved are Esther Wangui Watene, Ali Thuo Chuphi, Alex Maina Ndiritu, Cornelius Mwanyamba Mwango, Cheruiyot Busongo, George Gikaru Kamau, Ibrahim Twahir Mohamed, Harrison Ngige Muchiri, Ms Gendipe Enterprises and Wycliffe Lukaro trading as Landmark Freight Services Limited.

The charges

The accused persons are facing charges of conspiracy to defraud the government of Sh 6 million between 24th January and 29th January 2018.

The court heard that they tried to conceal import goods of nine containers of 20 feet each containing total 12,060 of 20 litres of Hayat Palm Olein brand of cooking oil, which was to attract tax of Sh 6 million, by falsely declaring the said goods as machinery which attract lesser tax.

Kenya Bureau of Standards inspectors Cornelious Mwanyamba Mwango and Frederick Cheruiyot Busonga are accused of unlawfully releasing the nine uninspected and unverified containers vide custom entry 2018NBI1629712, concealed as machinery.

The court further heard that between the 25th and 29th of January 2018, within the Republic of Kenya, being public officers employed by the Kenya Bureau of Standards as inspectors, Mwango and Busonga committed a breach of trust affecting the public by unlawfully releasing uninspected and unverified containers.

Mburu Kamau, George Gikaru Kamau, Ibrahim Twahir Mohamed, Harrison Ngigi Muchiri, M/S Landmark Freight Services Limited, Wycliffe Lukalo Tradingas Gendipe Enterprises are accused of conniving to conceal consignment of imported goods to wit 9 containers of 20 feet each containing a total of 12,060 jerrycans of 20 litres each of Hayat Palm Olein brand cooking oil vide custom entry 2018NBI1629712 by fraudulently declaring them as machinery an act intended to defraud the government of Kenya revenue.