BY SAM ALFAN.
It is a major set back to over 40 employees of Kenya Revenue Authority (KRA)after losing a bid to stop their intended prosecution on suspicion of abetting tax evasion and bribery.
In his ruling, Justice Luka Kimaru rejected their application to quash their prosecution saying he was not persuaded by the argument that the intended trial was a nullity because the investigations against them were conducted by the Office of Directorate of Criminal Investigations, who does not have jurisdiction to probe such matters.
“This court does not have jurisdiction at that stage of proceedings to give any direction on how the investigations or the decision to charge should be undertaken,” ruled the judge.
This means that the DPP can now go ahead and prosecute the employees who are facing allegations of helping to fraudulently clear cargo and alter tax returns to help people dodge tax payments at KRA.
Further, Justice Kimaru also dismissed the suspects claims that the prosecution had delayed their trial by more than a year, thereby denying them justice.
The judge said the suspended employees also contributed to the delay by filing applications after another in the higher court to stop their prosecution.
Kimaru noted that the orders stopping their prosecution will be removed after they are charged.
He added that the petitioners were correct in stating that the DCI should have deferred to authorized officers appointed by the Commissioner-General of KRA to investigate offences related to tax.
“This court is however not persuaded by the argument advanced by the applicants which was to the effect that this court should nullify the investigations conducted by the Directorate of Criminal Investigations on the basis of jurisdictional overreach,” the Judge said.
The 40 employees were arrested in May last year after claims that they were acting in cahoots with tax payers to deny the government revenue.
They were called to a boardroom and their phones, personal computers and other electronic communication gadgets were confiscated.
They were later presented to court and the police sought to detain them, to enable them conclude investigations, without informing them the reasons for their arrest.
But they moved to the High Court and were ordered to deposit cash bail of Sh200,000 to secure their release.
Led by Kenneth Omondi Ochieng, they argued that the 14-month delay was inordinate and the court should quash the charges. They also argued that the DCI had no powers to investigate taxation, economic and money laundering crimes and the court should permanently bar their prosecution.
But the DPP through Caroline Kimiri opposed the application saying they were all informed the reasons for their arrest and were given a chance to record their statements in response to the matters under investigation.
Kimiri added that the investigations were complex and required detailed analysis.
The 40 were suspended on half-pay and argued that they have cooperated with the investigators and have continued to faithfully appear before the court when required but the DPP has failed to discharge his mandate.
