Warrants of arrest have been issued against two directors of Purma Holdings Limited after they failed to appear in court on Monday.
Mary Wambui Mungai and her daughter, Purity Njoki Mungai, were supposed to appear to answer to charges of unpaid taxes amounting to Sh2.2 billion.
Ms Mungai is a member of Friend of Jubilee Foundation, a body that was instrumental in raising campaign funds for Jubilee Party ahead of the 2017 General elections.
The duo also failed to honor summons on the same by the Kenya Revenue Authority (KRA).
The taxman is pursuing Mungai over alleged unpaid taxes for the billions of shillings earned from government tenders for supplying boots, uniforms and cereals to the military, among other State departments.
The taxman says Mungai and her two daughters; Everlyn Nyambura and Njoki, earned billions of shillings between 2014 and 2019 through their company Purma Holdings Ltd.
The KRA says it has been conducting investigations on tax obligations by the company for the past two years.
They are to be charged with at least seven charges.
In the first charge, they are accused of omitting from returns an amount which should have been included contrary to section 97(a) as read with section 104(3) of the Tax Procedures Act No. 29 of 2015.
They are also to be charged with failure to submit a tax return by the due date contrary to section 94(1) as read with section 104(1) of the Tax Procedures Act No. 29 of 2015 and failure to pay tax by the due date contrary.
If found guilty for the offence of omission, the penalty is a fine not exceeding Sh10 million or double the tax evaded whichever is higher or imprisonment for a term not exceeding ten years or both.
For the offences of submit a tax return and failure to pay tax, the penalty is a fine not exceeding Sh1 million and to imprisonment for a term not exceeding three years.
The two were to be charged 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 2014-2016.
Anti corruption court magistrate Felix Kombo said the prosecution had presented copies of documents to show the accused were served with summons after the defense team claimed their clients were not served with the summons.
Read: Jubilee Party Financier Faces Arrest Over Ksh2.5 Billion Tax Row With KRA
“It is clear the directors were served on the accused persons were properly served and neglected to appear,” said the magistrate.
Wambui, her lawyer told the court, has been admitted at Nairobi Hospital since November 29, hence her skipping court.
Kombo added that there was no indication of medical incapacity of the alleged illness and incapacitation.
The prosecution opposed the application on grounds that no medical records were produced to confirm the said claims.
As for Njoki, her team asked for 10 days to present their client as she had not been served with the summons.
The duo had previously applied for an anticipatory bail before the high court. Their efforts flopped as no directions were given.
He added there was no indication of medical incapacity of the alleged illness and incapacitation.
“It would appear to the court that the accused are buying time and have refused to confront the complaint leveled against them. The accused to be arrested and presented before court,” added Kombo.
He said the court had examined the charges and note the gravity and the public interest nature.
As a result, the magistrate ordered the Officer Commanding Capitol Hill police station to arrest the accused persons.
The case will be mentioned on December 14 or as soon as they are arrested.
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