A businessman accused of tax evasion want the High Court to stop his prosecution, terming the allegations unfair.
Abdi Gedi alias Abdi Ibrahim Ahmed was charged in December 2019 with failing to pay taxes amounting to Ksh1.87 billion and tax fraud.
He termed the charges before the magistrate unfair and unjustifiable.
Gedi has sued the Director of Public Prosecutions (DPP) and Kenya Revenue Authority (KRA) and wants the judge to temporarily stop the prosecution until the matter filed at the High Court is heard and determined.
He wants the respondents, their agents and chief magistrate or any Judicial officer stopped from hearing the criminal case.
Gedi further wants to be discharged from the criminal cases and the charges dismissed.
He argues that the respondents preferred charges without giving him an opportunity to file an appeal.
According to an investigation by KRA, Mr Amin has two KRA PIN numbers bearing different names — A005964732D under Abdi Gedi Amin and A002557439D under Abdi Ibrahim Ahmed — both used interchangeably in bank documents.
Between 2013 and 2017, investigators say, Mr Amin earned Sh1.7 billion but declared only Sh6.2 million, hence evading tax worth Sh787.4 million.
The businessman also owns Gulf Skytop Ltd, which is registered under his wife Rukia Ali Barsok. Mr Amin is a signatory to the accounts.
Between 2013 and 2015, the company imported palm oil in bulk and packed and exported it to DRC Congo and South Sudan.
The KRA established that the quantity of the palm oil varied with the quantity exported by 1.2 million kilogrammes and is suspected to have found its way to the local market without duty and taxes being paid on it.
It also investigated Coast Terminal East Africa Ltd, registered under PIN P051398900G and owned by Mr Amin under his alias Abdi Ibrahim Ahmed.
Between 2013 and 2016, the company earned Sh1.44 billion but declared only Sh647.2 million.
In February 2015, Mr Amin was arrested together with two KRA staffers for allegedly dishing out a Sh1 million bribe in order to avoid paying tax on a sugar consignment alleged to have been smuggled into the country.
The KRA is targeting 600 individuals this year for tax evasion-related cases, up from 222 prosecuted last year.
Last month, Keroche Breweries owners Joseph and Tabitha Karanja were arrested over Sh14.5 billion in tax fraud following a directive by Director of Public Prosecutions Noordin Haji.
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