Civil rights crusaders Okiya Omtatah who is seeking the Thika based Company bidco to pay 5.7billion arrears.
BY SAM ALFAN.

A human rights lobby group, Haki Lake Forum, now wants to participate in the Sh5.7billion tax arrears dispute involving the Kenya Revenue Authority (KRA), consumer goods manufacturer Bidco Africa and its Chief Executive Vimal Shah.

The lobby group’s director, Tom Onyango, says its mandate is to promote socio-economic rights of tax-payers since the Government has been unable to sustain its huge budgetary requirements.

In a sworn statement, Onyango says it is the legitimate expectation of tax-payers that KRA should handle its statutory duties in a transparent and accountable manner. The petition was lodged by civil rights crusaders Okiya Omtatah and Wyclife Nyakina Gisebe seeking to compel the taxman to collect Sh5.7billion tax arrears from Bidco Africa.

High Court Judge Isaac Lenaola, has directed the intended interested party- a donor-funded Non-Governmental Organization (NGO) dedicated to the protection and promotion of the rights to clean environment within Lake Victoria-to furnish all the parties with their documents. By consensus, the parties agreed to argue the matter on August 19.

Omtatah and Nyakina have claimed they recently obtained conclusive documentary evidence that the firm, the businessman and the tax agency “have colluded to defeat public interest in the recovery of Sh5.7billion tax arrears owed by Bidco Africa.”

“The overdue tax amount, plus interest and penalties, remain uncollected in circumstances that point to collusion to evade tax, involving Bidco Africa, Vimal and the KRA,” they said in an urgent constitutional petition presented to High Court Judge Joseph Onguto last month.

The two lobbyists recalled High Court Judge David Majanja had delivered a judgment in favour of KRA on August 6, 2013, allowing the agency to collect tax arrears and other fees amounting to Sh1.3billion from the Thika-based manufacturer. According to a whistle-blower’s report, the firm’s tax exposure on unpaid duty, including Value Added Tax 9VAT) was above Sh4.3billion by December 31, last year, they claimed.

Omtata and Nyakina said they were aggrieved that through fraud and deceit, the manufacturer evaded paying duty on imports between June 1992 and April 1998. The scheme was centred on the fraudulent and illegal tax-free importation of finished goods for dumping on the Kenyan market disguised as raw materials to be used in the manufacture of goods meant for export, they explained in court documents.

They said the ministry of Finance, in a letter dated September 12, 1995, declined to grant the firm any duty or VAT remission on raw materials for the manufacture of plastic bottles and similar products since the processing was done by a third party. A fortnight later, KRA’s Henry Ndiema signed the firm’s customs exemption form when it was submitted on September 26, 1995, they said.

“This petition raises substantial facts relating to corruption in the payment of corporate taxes. Corruption in the collection of taxes is among the challenges that cost the country dearly by starving it of funds it requires to develop,” Omtatah and Nyakina said.

Thirteen students of Lang’ata High School who are charged for burning their school will be detained for five more days.
BY SAM ALFAN.

Thirteen students of Lang’ata High School charged for burning their school will be detained for five more days.

Nairobi Children’s court Chief Magistrate Lucy Gitari remanded  the minors at Kamiti juvenile remand home to enable police conclude investigations.

It is following an application by the Director of Public Prosecution seeking custodial orders of 10 days for the police to conclude investigations.

In her ruling Magistrate Gitari awarded the prosecution five days saying she finds merit in that request.

“The allegations levelled against the subjects are serious. The court takes judicial notice of what has happened in other schools in the recent past and believe five days will be enough to complete investigations,” she said.

She said the five days will also help in determining whether the students will be charged in other courts after the prosecution alleged that some of them were above 18 years.

Director of Public Prosecution through state prosecutor Carol Mtai told the court that one of the students was found with a mobile phone which needed to be analyzed and possibly help arrest other accomplices.

Serbian Businessman Milan Stanovitch wiith his kenyan counterpart Ng’ang’a waweru at Milimani Law Court’s on Tuesday 27 July 2017.
BY SAM ALFAN.

Two Mombasa based tycoons acquitted ten years ago over the murder of Akasha’s son want Sh1 billion from the government for wrongful, malicious prosecution and imprisonment.

Stojanovic Milan and Dennis Ng’ang’a Waweru say that their businesses, property, reputation and families were also heavily wounded and damaged by their prosecution.

The two were acquitted on February 2, 2007 for a lack of evidence in the murder inquiry of Kamaldin Akasha on the night of March 28, 2002 at a petrol station that belonged to his father Ibrahim Akasha.

They want the government to compensate them for the losses incurred when they were incarcerated.

During their detention, Milan says that he fell sick and had to be admitted at Kenyatta National Hospital where he incurred a Sh1 million bill.

The two say that their prosecution was an afterthought that resulted in them being deprived of their liberty and aimed at protecting the, “true culprits,” behind the murder of Akasha’s son.

Former City Hall Finance Chief Jimmy Mutuku Kiamba before Milimani Anti-corruption Court in Nairobi (FILE PHOTO)

BY SAM ALFAN.

The Ethics and Anti-Corruption Commission is considering an out-of-court settlement with former City Hall finance Chief Jimmy Mutuku Kiamba, Nairobi TIMES can now reveal.

Mr Kiamba’s lawyer, Philip Nyachoti, requested for the talks, arguing that the former City Hall finance boss is keen on reaching an out-of-court deal.

According to a correspondent of letters seen by Nairobi TIMES between EACC legal office Philip G.Kagucia and Kiamba’s lawyer Philip Nyachoti, Mr Nyachoti wrote to EACC on 1 April 2016 seeking for out of court settlement.

“As you are  very well aware, the above noted cases instituted against our  clients by the commission are still pending  in court for hearing and  determination, However, we have instructions  to inform you  that our clients  are of the view that the same  should be settled  amicably. As such, our clients are amenable to an out of court settlement in the interest of all concerned parties” Wrote Lawyer Nyachoti.

The EACC has agreed to a request by Mr Kiamba’s lawyer for negotiations that could see it withdraw the suits it has instituted against Mr Kiamba.

The commission through it legal officer responded to Kiamba’s lawyer through a letter dated 1 July ,2016 agreeing to an out-of-court negotiations on condition that the talks are held exclusively between the parties’ lawyers.

“We refer to your letter dated 1.4.2016, the contents of which are duly noted. Whereas we are amenable to the proposed negotiations, it is our considered view that, at this juncture, the parties interests are best served by a professional engagement solely between counsels on both sides” replied Mr Kagucia.

They were invited to a meeting at Integrity centre on Tuesday 5 July, 2015 at 11;00 a.m.

However the meeting did not take place after Kiamba’s lawyer Philip Nyachoti wrote to EACC on 4 July 2016 informing the commission he would not be available on the said date due to what he termed as “earlier commitments fixed for the same date.

“In the circumstance, we shall get in touch with you so as to agree on a mutually convenient date for both of us for the proposed meeting” replied lawyer Nyachoti.

The EACC has instituted four cases against Mr Kiamba, with the Kenya Revenue Authority (KRA) also filing a suit to claim Sh262 million.

The KRA has since obtained court orders blocking 10 bank accounts registered to Mr Kiamba, pending the determination of the suit.

Three of the EACC suits are in the civil division while one is in the Chief Magistrate’s Court where Mr Kiamba has been charged alongside former Nairobi County secretary Lillian Ndegwa and three other former City Hall officials.

They have all denied conspiring to defraud Nairobi County of Sh17.9 million.

Among the properties the EACC says Mr Kiamba obtained using funds looted from City Hall are two maisonettes in South C, a plush town house in Kileleshwa, four apartments in Kilimani and eight plots of land in Muthaiga, Mavoko and Machakos.

The EACC also wants to confiscate six cars Mr Kiamba owns.

The EACC holds that Mr Kiamba acquired the property when his declared salary was Sh85, 000 and that he had not disclosed any other source of revenue.

Former  Kenya Power and Lighting Company Samwel Gichuru with his wife leaving Milimani law courts after they lost a bid to block extradition proceedings pending before Nairobi Chief Magistrate’s court.

BY SAM ALFAN.

The appeal court has suspended an extradition case where former Cabinet Minister Chrisantus Okemo and former Kenya Power and Lighting Company Samuel Gichura are summoned by a UK court.

Three appellate court judges adjourned the matter on grounds that Okemo and Gichuru were not ready for the hearing.

It also gave them 21 days to file written submissions.

The two are to face charges in Jersey Island relating to money laundering.

Okemo and Gichuru are wanted  by Jersey authorities to face Sh900 million money-laundering charges.

They were released on a Sh1 million cash bail.

Sunshine school students at Milimani law court Children Court where they were released on a personal bond 50,000.

BY SAM ALFAN.

A children courts has freed 8 students from sunshine on a personal bond of Sh50, 000.

Magistrate Lucy Gitari said that the court considered that they were minors before making that decision.

The plea was also differed for the school administration and parents to settle the matter out of court.

The court gave them 7 days to negotiate an out of court settlement.

The principal and the school board wanted to withdraw the matter.

The DPP has however objected to the withdrawal of the charges against the students claiming that the school is a public school and the subjects are under the mercy of the state,saying that the state want their prosecution to serve as an example to other students.

In the same court 7 students from Ruthimitu mixed secondary school in daggoreti were charged with arson.

The 7 are accused of setting their school  ablaze three days ago.

They pleaded not guilty to the charges and were released on a 20,000 shillings cash bail.

Proceedings resume August 2nd.

Opposition leader Raila Odinga addressing his supporter’s our Milimani law court’s ,he has rubbished allegations that he defamed her by suggesting she was the chief architect behind the theft of Sh791 million from NYS.(FILE PHOTO)

BY SAM ALFAN.

Opposition leader Raila Odinga now says he had nothing to do with Devolution CS Anne Waiguru’s woes.

He also rubbished allegations that he defamed her by suggesting she was the chief architect behind the theft of Sh791 million from NYS.

In response to a petition filed by ex-CS Waiguru, Raila says that Waiguru has failed to give a satisfactory explanation regarding the NYS scandal.

Waiguru wants Raila to substantiate his allegations against her and or pay for her internationally damaged reputation.

However, the outspoken leader dismissed Ms Waiguru saying she was the overall responsible officer on the said transactions where millions were lost.

“I deny each and every allegations contained in the petition by Waiguru, ”states Raila.

Raila further denies receiving a demand letter and notice of intention to sue over the said defamatory allegations.

“The defendants denies that the words complained of were in any way ,malicious   and calculated to bring the plaintiff into public scandal and further denies that she suffered any loss of damage,” he argues.

He also wants Waiguru’s petition dismissed without being heard.