BY SAM ALFAN.
The director of Hanamal Construction limited has been charged in a Nairobi court with tax fraud amounting to over Sh100 million.
Hassan Ahmednur Baricha appeared before Milimani Chief Magistrate Francis Andayi and pleaded not guilty to charges of tax evasion.
He is accused of unlawfully making incorrect statements in his income tax return for the year 2015, which ended up reducing his corporate tax liability by Sh 4,499,163 payable to the commissioner of taxes.
The accused person is alleged to have committed the offence January 1, 2015 and February 1, 2016.
At the same time, Baricha allegedly under-declared tax of Sh20,817,971 for the year 2016 and another Sh 26,106,797 for the year 2017.
In another charge, the businessman is charged with tax fraud of Sh65,651,535 for the year 2015, 2016 and 2017 and another Sh 57,538,801 for the same years.
The businessman pleaded to the charged following a warrant of arrest issued on Friday after he failed to appear in court for plea taking.
In an affidavit filed in court by the investigating officer in the case the prosecution opposed his release on bail on grounds that he is at flight risk.
The court heard Baricha resisted arrest and threatened the police officer arresting him by pointing his gun at him at close range. He is a licensed firearm holder.
It is alleged that the officer had to jump out a moving vehicle to save his life and that he reported the incident at railways police station.
The prosecution further submitted that obstructing officers in their line of duty is a serious offence recognized in the penal code.
The accused had alleged that he had been admitted in hospital for two days but the prosecution challenged the legitimacy of the medical document that was presented before court on Friday.
According to the prosecution, even if the accused is unwell, he can be taken for treatment at KNH while in custody as the condition does not warrant admission.
In response, the businessman through his lawyer said that the affidavit does not show who drew it, making it defective.
According to the lawyer, his client was asked on Friday to present himself before court today which he did.
The prosecution however cut him short and informed the court the lawyer was misleading the court since a warrant of arrest was issued against him. The magistrate indeed confirmed that there was a warrant for his arrest.
The lawyer went ahead to submit that his client should be granted bail since it is a constitutional right.
He added that the businessman is ready to attend court, not at flight risk and is ready and willing to deposit his travel documents in court.
The court will ruling on his bail application on October 15.
