Acting Nairobi Governor Ann Kananu and two county finance officials have moved to Court to stop their impending arrest over failure to remit income tax.
Through lawyer Thomas Letangule, the Deputy Governor, County Finance Executive Allan Igambi and the Chief Officer for Finance Halkano Waqo claim they are apprehensive of the looming arrest by KRA DCI Unit which is meant to embarrass them.
The three have sued KRA, DCI and the National Police Service.
Kananu argues that the criminal process meant to embarrass her in a matter that is actively in negotiations between Nairobi County and KRA.
“The respondent is using the criminal process as a tool to vex the applicants settle scores, vilify and demonstrate muscle,” part of their lawyer’s court documents read.
According to the three, KRA has no evidence to purport to have a good case against them and the process is undertaken against them is malicious and an abuse of the court process.
The Acting Governor argues that the tax arrears of Ksh 2.1B demanded by KRA accumulated since 2011 while she entered office in 2021.
She says on July 7, 2021, the county government committed to making a monthly deposit of Ksh250 million.
“The county has so far made a deposit of Ksh1.3 billion and intends to honour the remaining debt by making payments in instalments,’ she says in court documents.
Kananu and the two officials had been summoned to appear before the DCI, KRA Unit on Thursday, October 28.
DCI officer-in-charge of KRA Unit Purity Nkiiri in the summon letter claimed that the office was investigating a case involving the failure to remit income tax, withholding tax and PAYE contrary to Section 97 of the Tax Procedure Act.