FIRM AT THE CENTER OF MINISTRY OF HEALTH SCAM SEEKS TO LIFT ACCOUNT FREEZE ORDERS.

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Lawyer Phillip Nyachoti for ESTAMA Limited which is seeking to set aside orders freezing their bank accounts for a period of six month.
BY SAM ALFAN.
ESTAMA Limited, one of the companies at the center of Afya house 1 billion mobile clinics  scam has moved to court seeking to set aside orders freezing their bank accounts for a period of six month.

The company through its manager say that they are aggrieved with the order on the ground that the monies in the account were not acquired as a result of any corrupt dealings as alleged by EACC.

“The same monies arising out of valid and lawful contractual payments rightfully made out by the Ministry of Health for the supply of portable medical clinics containers in accordance with a contract Agreement with the Ministry of Health dated 17th of July 2015,”reads the petition.

 Njage Makanga, director of Estama Limited says that the said contract was awarded to them following a competitive procurement process which has never been challenged before the Public Procurement Administration Review Board or declared irregular.

Lawyer representing the company Phillip Nyachoti argues that millions of shillings received from the ministry was received from the Health Ministry after the said portable medical clinics were delivered and duly inspected.

 “The sum of 800 million shillings so far received by Estama Limited was received by it in the usual, normal and ordinary course of business and on account of contractual obligations with the Ministry of Health on the said contract without any element of corruption as alleged by the applicant, “argues Nyachoti.
 Estama says that unless the orders freezing the accounts are set aside, the respondents will be subjected to extreme hardships.
Early this year, Kenya Revenue Authority moved to court saying that Estama has not paid taxes on the 800 million shillings it was paid for supplying mobile clinics to the ministry of Health.
 KRA intends seeks to probe Estama books of accounts from the year 201 to date with the aim of establishing how much the frim owes in VAT , withholding, income , PAYE and direct.

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