KEROCHE SAYS PLANNED CHARGES AIMED AT EMBARRASSING THEM. DENIED BAIL.

By Nairobi Times -
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Keroche Breweries biss Tabitha Karanja and chairman Joseph Karanja.

BY SAM ALFAN.

High Court has decline to grant anticipatory to Keroche Breweries Limited bosses pending prosecution over 14 billion tax evasion charges.

This is after Keroche Breweries Limited owners moved to court seeking to be admitted on bail, even after they were arrested over allegations of Sh14 billion tax evasion claim.

Tabitha Karanja her husband Joseph Karanja and Keroche Breweries Limited filed the case under certificate of urgency, seeking to be released on bail pending their appearance in court over any criminal proceedings against them.

“This court be pleased to release the applicants on their execution of bond for their appearance upon institution of any criminal proceedings against the applicants in respect of the said allegations,” the argued in the court documents.

They claim that they have been subjected to untold mental and psychological anguish and torture hounded by a press statement released by the Director of Public Prosecution on August 21 directing that they be charged for alleged for alleged tax fraud of Kshs. 14,451,826,375.

In the court documents, Tabitha and the husband claimed that the decision by DPP is irrational, malafides and unfair on the account of being abrupt and made without seeking statement from them to give their side of story.

The documents added the claims targeted natural persons on matter relating to a corporate body that has distinct personality, thus Keroche Breweries.

They termed DPP move discriminatory and aimed at embarrassing them because the company has many directors.

Tabitha and Karanja claim that the tax dispute between Keroche Breweries and Kenya Revenue Authority is pending before Tax Tribunal. The cases- Keroche Breweries limited vs Commissioner for Domestic Taxes Kenya Revenue Authority tax appeals No. 214, 38, 97, 137, 138, and 139 of 2017, was mentioned on May 8, 2019 where parties were urged to put in their submissions and notice for the date for highlighting submissions.

Tabitha and Karanja are apprehensive that the 1st Respondent’s officers acting under its instructions intend to ambush them with arrest and hoist them into court on trumped up charges which is aimed at harassing, humiliating and disparaging the Applicants in utter violation of their rights under Articles 28 and 29 of the Constitution.

There is presently a high likelihood that the Applicants’ fundamental rights and freedoms will be breached by the Respondents, who are the very same organs of the State supposed to protect the Applicants’ rights”, Tabitha claimed.

They claim DPP will subject the them to inhumane and degrading treatment by arresting them and hauling them to Court for an offence they know nothing about and for which they have continuously co-operated with Prosecution and they are reliably informed that there is a deliberate scheme to keep them in custody for long to silence them.

They told the court they are ready and willing to avail themselves for any intended criminal proceedings as and when directed, but are apprehensive to do so under unclear circumstances when they do not know what the 2nd Respondent might do in the cover up.

“It is therefore in the interest of justice and fairness that the prayers sought be granted as the Applicants have undertaken to abide by the Honourable Court’s conditions”, claim Tabitha in the court paper’s.

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