KRA,DCI STOPPED FROM ARRESTING AND CHARGING PROF OJIENDA OVER TAX PROBE.

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Prof Tom Ojienda who has obtained orders prohibiting Kenya Revenue Authority and Director of Criminal Investigation from arresting or commencing criminal proceedings against him.
BY SAM ALFAN.

High Court has prohibited the arrest and prosecution of Senior Counsel Tom Ojienda over disputed tax demands.

The sanctions will remain in place until Prof Ojienda prosecutes his petition challenging demands by the Kenya Revenue Authority for tax returns from 2009 to 2016.

Justice Chacha Mwita barred the Kenya Revenue Authority and Director of Criminal Investigations George Kinoti from interrogating Prof Ojienda regarding his law firm’s financial transactions during the seven-year period.

Prof Ojienda claimed he was a victim of threats and intimidation following his quest for re-election for the coveted post as a member of  Judicial Service Commission. He has been representing the Law Society of Kenya.

” Sometimes on the 5th of September 2016 the 1st respondent served a notice requiring the payment of Kshs. 378,682,140,00 which was arrived at after illegal amendment to the petitioner register”. Said Ojienda.

He claimed the court judgement dated 11th May 2018 quashed the assessment dated 7th June 2016 and 5th September 2016.

Ojienda further claims the said illegal assessment has subjected him to trauma and unnecessary psychological torture and anxiety.

“It has affected my work, despite the important nature of my current duties to the nation”. Said ojienda.

He argues that the purported impugned investigation and subsequent assessment was calculated to embarrass him. The same is malicious, defamatory , immoral, vindictive, irresponsible and purely political in nature solely intended to intimidate him with some desired results in the performance of his duties especially as a JSC.

Prof Ojienda said that the Barclays Bank is his personal account where he receives his salaries, emoluments and other allowances from his employment.

” All my salaries and allowances earned through my employment as a lecturer at Moi University ,Member of National Environment Tribunal, Commissioner of the Truth Justice and Reconciliation Commission and Commissioner of the Judicial Service Commission are paid into this account wherein income tax is automatically deducted from payable amount before it is paid to me”. Said Prof Ojienda.

He further said the money received and kept in to the Standard Chartered and Barclays Bank accounts was not entitled to him or any of his partners , neither present nor past . The said money received in to these accounts was not in payment of or on account of the agreed fee in any matter that the firm handled.

Ojienda further claimed it is was unfair and illegal for KRA to assess for taxation for his account to which he paid as salaries and allowances from employment.

He said the account at Barclays Bank at Hurlingham is the office account to which over the year he has been submitting his income tax returns to KRA in accordance with KRA Act 2015 in respect of partnership to the said law firms.

He claimed in the letter dated 7th June , 2016 addressed to him , the respondent indicated that he had received information it purported to use to assess his tax liability for the years of income 2009-2016  in accordance with tax procedure Act,2015  in which it demanded a total additional assessment of Kshs. 443,631,900,00 as tax due payable by the applicant.

Ojienda further claims KRA summed up all monies ever received in to the accounts maintained by him for the said period including the unpaid bills, proceeds from personal accounts.

“For the Mumias Company limited for instance, KRA computed the amount paid to me using bills raised by the applicant most of which are unpaid and came up with a figure of Kshs. 221,983,667,00 as total sum paid to me”. Said Ojienda.

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