In courts today: Sh2.5bn tax case against Mary Wambui to be mentioned

Wheels of justice: Court cases lined up for the day

In Summary

•Haji had been granted more time to review the case against Wambui, a close ally of President William Ruto.

•The hearing of former treasury secretary Henry Rotich Sh63billion graft case will resume. 

A Nairobi court will this morning mention a Sh2.5 billion tax evasion case against businesswoman Mary Wambui and her daughter.

The matter is likely to be withdrawn as KRA had last time indicated that they are considering settling the matter out of court.

Director of Public Prosecutions Noordin Haji had been granted more time to review the case against Wambui, a close ally of President William Ruto.

Milimani Anti-Corruption magistrate Felix Kombo in  October, allowed the DPP's request to be given more time to review the charges of evading taxes before giving his directions on whether he will drop the same or not.

The new twist in the case emerged after the DPP, through Judy Thongori, informed the court that he has yet to finalize his decision against Wambui and her daughter Purity Njoki.

In the case, Wambui and her daughter are charged alongside Purma Holdings with eight counts of knowingly and unlawfully omitting taxes due in the income tax returns submitted to the Commissioner for Domestic Taxes for the period between 2014 to 2016.

Elsewhere, the court will deliver a judgment on former IEBC CEO James Oswago case.

He and two others were charged with failure to comply with the law relating to procurement when they procured electronic voter identification devices for the March 4 General elections.

Oswago is said to have awarded a contract for the supply of 57,000 ballot papers for the South Mugirango by-election to Smith, without the approval of the tender committee.

He is said to have committed the offence in May 2010 when he was the accounting officer of the Interim Independent Electoral Commission.

He is also accused of receiving Sh2 million as an inducement from Ali Hamida in a bid to have the IIEC award Smith a contract for the supply and delivery of voting materials.

His co-accused, Trevy Oyombra also faces several counts of soliciting and receiving money from Smith company in order to induce IIEC to award it contracts for printing voter and election materials.

Several witnesses have since testified in the case.

In another case, the hearing of former treasury secretary Henry Rotich Sh63billion graft case will resume. The defense is expected to cross-examine a witness.

In September this year, the DPP claimed there was massive interference with witnesses and an attempt to subvert justice in the prosecution of Rotich and other accused persons in the Arror and Kimwarer dams graft case.

Haji, through Special Prosecutor Taib Ali Taib and Senior Assistant Director Of Public Prosecutions (SADPP) Alexander Muteti, told anti-corruption court Chief Magistrate Lawrence Mugambi that witnesses are being asked to stay away, to slow puncture the multi-billion shillings matter.

With only one out of 40 witnesses testifying so far three years after the prosecution commenced, claims of attempts to derail the wheels of justice have emerged.

"We have prosecuted cases before, but I must say this, and with a heavy heart, that this is a difficult brief, not because of its complexity, but the dynamics that come with it," SADPP Muteti said.

The DPP claimed witnesses were being dissuaded from testifying, ostensibly to defeat the course of justice.

"...That was precisely the reason why when we made our application, we sought summons against all the remaining witnesses because the pattern that is emerging is not only disturbing but shocking to the conscience of a reasonable prosecutor," said Muteti.

Former CS Rotich and former Kerio Valley Development Authority (KVDA) Managing Director David Kimosop are among 9 accused persons facing graft charges over the award of tenders for the construction of Arror and Kimwarer dams in Elgeyo Marakwet County. 

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