BY SAM ALFAN.
A director of Hanamal Construction limited facing charges of tax fraud amounting to over Sh100 million has been released on Sh 10 million bond.
Hassan Ahmednur Baricha was alternatively released on a cash bail of Sh 5 million and the Hanamal Construction company to pay a cash bail of Sh1 million failure to which to he remains in custody.
In his ruling, Milimani trial Magistrate Peter Ooko freed Hassan on bail saying that the prosecution failed to prove that he is a flight risk.
“I find that prosecution did not raise no permanent place of abroad as support for flight risk against the accused and did not demonstrate that he is not a Kenyan,” ruled the magistrate.
He released the accused on bail on conditions that he deposits his passports with the court and not to interfere with witnesses or else his bond terms will be cancelled.
At the same time the defence lawyers sought seven more days to raise the Sh 5 million granted to the company failure to met the bod terms he will be thrown to custody, sighting that they needed to consult the shareholders of the firm in order to raise the amount for the company
On Monday, Kenya Revenue Authority had
Vehemently opposed the accused to be released on bond claiming he was at flight risks since he had resisted arrest and threatened to shot the investigating officer.
This is after Hassan denied several tax fraud related charges
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.
Baricha is allegedly under-declared tax of Sh20,817,971 for the year 2016 and another Sh 26,106,797 for the year 2017.
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.
His firm is alleged that on diverse dates between January 1, 2016 and February 1, 2017 being director of Hanamal construction limited while earning taxable income , unlawful made incorrect statements in his income tax return for the year 2017 which act reduced his corporate tax liability by Kshs. 24,106,797 payable to the commissioner as required by income tax Act CAP 470, Laws.
He is facing other similar tax offences charges.
The case will be mentioned on October 23 to confirm if the accused and the company had met the bail terms.
