The High Court in Kisumu has declined to issue a permanent order prohibiting the KRA and DPP from recommending the arrest and prosecution of businessman Jared Peter Odoyo Kwaga in connection with tax matters.
Justice Fred Ochieng ruled that the Kenya Revenue Authority’s (KRA) recommendation that the DPP file criminal charges against Kwaga are not unconstitutional.
He claimed Kwaga had not demonstrated that the KRA was “pressing” for his arrest and prosecution.
Kwaga owns Microsoft Limited, Edusoft Limited, and Macropharm Pharmaceutical Limited which are believed to have evaded Tax payments for a long period.
In January 2021, he received a demand notice from the Kenya Revenue Authority indicating that he was in arrears on both his VAT and Income Tax Returns.
Kwaga subsequently lodged an appeal at the Tax Tribunal.
He said the tribunal directed that the matter should go for Alternative Dispute Resolution (ADR).
Upon receipt of the demand notices, the petitioner raised an objection and lodged a complaint with the Tax Appeal Tribunal.
He told the court that despite the pendency of the proceedings before the Tribunal, KRA still invited the DPP to prefer criminal charges against him.
