It was a struggle accessing court yesterday where tax staff were charged with colluding to deny Caesar what is due to him.
The heat from the courtroom full of suspects and relatives got worse with a clash between the prosecution and defence lawyers.
The arguments took a political turn after one lawyer claimed last week's arrest of the 38 Kenya Revenue Authority workers was a witch hunt tied to succession politics at the tax agency.
“This is pyrrhic victory, where the rich get richer while the poor get prison. If this was genuine, where are KRA officials?” the lawyer asked.
Defence lawyers led by Tom Ojienda protested that the Director of Public Prosecutions wanted to micromanage the Judiciary.
The DPP had applied to hold the suspects longer to complete investigations.
“The regular requests for extending detention period and opposition to bail is pure malice, not to mention the well-planned Friday arrests,” the lawyers argued.
As the arguments continued, the heat rose in the crammed courtroom full of the 38 KRA suspects, their lawyers, relatives and journalists.
“Your honour, can we have the door opened, please? We might faint and fail to represent our clients,” Ojienda said, interrupting proceedings.
The door, however, remained locked as police officers informed the court that there were even more people waiting to get inside than those in the court. To confirm their presence, the crowd outside continuously knocked on the door amidst loud murmurs of protest.
The 38 were arraigned before senior resident magistrate Mutio Mayova. The prosecution requested for 21 days to continue detaining them at Central and Kamukunji police stations to conclude investigations.
Prosecutor Duncan Ondimu said the suspects were arrested on May 10 at KRA Domestic Taxes Department and Customs and Border Control Department.
Their electronic gadgets including phones and laptops were confiscated to be subjected to forensic examination.
“DCI opened inquiry Number 102 of 2019 in relation to the commission of criminal offences by KRA staff and a number of taxpayers,” Ondimu said.
He told court the investigations are complex and require detailed analysis of over 178 mobile phone numbers and M-Pesa statements.
KRA staff and some commissioners are planning a go-slow to protest the arrest of their colleagues.
On Monday, intelligence sources told the Star they have been monitoring conversations in WhatsApp forums set up by the KRA staff that have revealed the plan.
“They want to argue that because many people have been arrested and interdicted, the workload has increased and they will not be able to collect taxes efficiently,” a source involved in the investigations said.
DCI investigators say new evidence has emerged from the interrogations and confiscated phones that could increase charges against those arrested.
It also emerged that police are planning to go to court on Tuesday to obtain arrest warrants for another 41 wanted by DCI for tax evasion, money laundering, abuse of office, neglect of duty and other charges.
The prosecution said the team of investigators had already established that the suspects were actively involved and colluded with certain taxpayers in a criminal enterprise to evade payment of taxes or to reduce tax liability.
“However, 41 other associates who are KRA officials are at large and are being actively pursued by security services,” Ondimu said.
He argued releasing suspects from custody would jeopardize investigations.
Lawyer John Swaka, representing 20 of the accused, said the suspects have been in custody since Friday, held under inhumane conditions and there is no reason to hold them further.
“The cells are very pathetic and in a very bad condition where many of the suspects are lactating and pregnant mothers.”
He suspect Grace Muindi sufferers from hypertension and was en route to Nairobi Hospital when she was arrested.
Swaka also accused police who went to search their houses of stealing jewellery, money and other valuables.
“This is a witch hunt. The suspects' electronic gadgets have been confiscated and there is no way they can interfere with witnesses or investigation because they have no way of accessing the office,” he said.
Ojienda said a public communique on the case indicated that the investigation began four months ago, which was enough time for the prosecution to have concluded.
After taking hours in the heat, the magistrate allowed the prosecution 14 days to hold the suspects pending investigations.
“Twenty one days is unreasonable. The suspects will be held at Gigiri, Muthaiga and Kileleshwa police stations,” the magistrate ruled.
(Edited by R.Wamochie)
