BY SAM ALFAN.
Acting Nairobi Governor Ann Kananu and three county officials have moved to court to stop their impending arrest over failure to remit Sh3. 4billion tax to Kenya Revenue Authority (KRA).
Kananu moved to court together with County Finance Executive Allan Igambi, David Wambugu- Deputy director Debt management and Martha Karunguri Wambugu who is the head of the country treasury.
They said they were apprehensive of a looming arrest by officials from the Directorate of Criminal Investigations (DCI) attached to KRA.
This was after DCI officer-in-charge of KRA Unit Purity Nkiiri summoned them through a letter on October 27, asking them to appear before her the following day.
The DCI informed them they were investigating a case involving the failure to remit income tax, withholding tax and PAYE contrary to Section 97 of the Tax Procedures Act.
Through lawyer Thomas Letangule, Kananu argues that the criminal process is meant to embarrass her in a matter that is actively being negotiated by the county government and KRA.
“The respondent is using the criminal process as a tool to vex the applicants settle scores, vilify and demonstrate muscle,” says their lawyer, in court documents.
According to the three, KRA has no evidence to purport to have a good case against them and the process being undertaken against them is malicious and an abuse of the court process.
Kananu said the tax arrears of Ksh2.1 billion demanded by KRA accumulated since 2011 yet assumed office as the deputy governor in January 2021.
She revealed that on July 7, 2021, the county government committed to make a monthly deposit of Ksh250 million to the taxman.
“The county has so far made a deposit of Ksh1.3 billion and intends to honor the remaining debt by making payments in installments,” she says in court documents.
“The orders sought herein ought to be granted to ensure enforcement of the applicants’ right to a fair trial as well as fair administrative action encapsulated in the constitution of and to ensure respect for the laws of Kenya,” the court documents stated.
