Africa Spirits wants DCI disqualified from probing tax related matters
By Nancy Gitonga, October 3, 2019
Thika-based Africa Spirits Ltd plant linked to billionaire Humphrey Kariuki today told the High Court that the Director of Criminal Investigations (DCI) has no mandate to investigate or prosecute tax related matters.
Through lawyer Cecil Miller, the company said the powers to prosecute tax matters is vested to the Commissioner of Kenya Revenue Authority (KRA) and not the DPP.
In his submissions seeking to set aside freezing orders of the nine banks accounts of companies allegedly associated to businessman Kariuki, African Spirits, Wow Beverages Limited for 90 days, Miller accused KRA of flouted the provisions of East African Customs Management Act when it purported to donate or call in DCI officers to investigate and prosecute ASL and its directors in the alleged tax evasion offences.
The lawyer said KRA flouted the law in failing to follow tax recovery provisions, but instead rushed to criminal court and arraigned the directors of the companies over tax evasion amounting to Sh 41 billion.
Miller also told Justice Luka Kimaru that the entire KRA tax regime does not mandate DCI to deal with tax or custom matters.
He asked the High Court to stop KRA and DCI from meting injustice and abuse of processes which has led to collapse of businesses, freezing of accounts, laying of over 500 employees and seizing of passports of directors and other employees.