High Court Anti-corruption court has directed the matter between Kenya Revenue Authority and African Spirits Limited to be heard before Commercial and tax division on Tuesday 12 as the case raises tax issues.
Justice John Onyiego also directed KRA to file their response in the matter within two days.
This was after KRA urged the court to give them more time in order to file their replying affidavits in the Sh 3 billion tax evasion allegations.
The suit was filed by three companies associated with tycoon Humphrey Kariuki seeking to set aside preservation orders restraining them from withdrawing or transferring monies held in his 11 banks accounts.
The company’s, Wow Beverages Limited, Wines of the World and African Spirits limited are also seeking orders restraining the taxman from disrupting their businesses.
Justice Onyiego issued an order freezing the monies in the said accounts pending investigations into the matter.
The company’s also want the court to issue orders directing KRA to provide the list of authorized officers who conducted the raid, search and seizure on the companies premises and further provide the originals or copies of all documents, data, records ,books of accounts and inventory for all documents seized within seven days.
African Spirits Limited (ASL), one of the largest alcohol manufacturing plants in East Africa, says that the orders issued by the court are crippling it business permanently.
“No evidence was placed before the court by KRA for the grant the orders sought which the company is condemned unjustly, unfairly, hurt and damaged in its business operations,,” reads the court documents.
ASL director Peter Njenga Kuria denies allegations that Kariuki is the Director of ASL.
The firms says KRA has no power in law to take over the company’s premises forcefully and exclusively doing whatever they want to do without the supervision or inspection of the company.
The company denied allegations that they are involved in manufacturing of alcohol using illicit ethanol and counterfeit stamps which they deny.
The court preserved the monies which are held at National Bank of Kenya, Family Bank Limited, Equity Bank Limited, Credit Bank Limited, and KCB Bank Limited.