It was good that the entire judgment was read word for word and broadcasted live for ten hours to the entire Kenyan public. How else would you have understood the problems we keep pointing out daily about incompetence, misconduct and misbehavior by a Judges?
KWS has confiscated a drone from BBC journalist Ian Wafula and his crew after the journalist reportedly found someone carrying out construction inside Nairobi National Park.
We no longer have a Judiciary my people...
That adacadabra ruling on D.P Gachagua's impeachment confirmed it yesterday.
Let's just Face Mt Kenya for Justice!.
Wycliffe Oparanya has urged ODM leaders to stop the wave of expulsions within the party, warning that the wrangles are making it difficult for leaders to campaign for President ahead of 2027. Video by Mary Imenza
A Kenyan driver has exposed a motorist allegedly working in collaboration with police. The motorist reportedly slows down near a yellow line, forcing other drivers to overtake illegally, only for police officers waiting nearby to stop and penalize them.
Francis Atwoli introduces his mentor, 102-year-old Mzee Fred, to address the nation. Mzee Fred explains how he picked Atwoli from being an office messenger.
On behalf of the Ministry of Health, I convey deep sorrow following the passing of Dr. Job Obwaka at the age of 83, a veteran obstetrician and former Director at the Nairobi Hospital.
Dr. Obwaka devoted his life to advancing medical practice in Kenya, leaving an invaluable contribution to the medical fraternity through his clinical excellence, leadership and mentorship of generations of practitioners.
His work significantly strengthened standards of care and improved outcomes in maternal and reproductive health services across the country.
We honour his distinguished service and commitment to humanity and we extend our heartfelt condolences to his family, colleagues and the wider medical community during this difficult time.
She is a nominated MCA from Nyamira,also a US Citizen.She faked sickness and she lives in the USA eating tax payers money.
She faked a disease and asked for treatment leave in the US. There, she was granted citizenship and social security. She works at DOLD FOODS LLC in Wichita, Kansas. At home, Nyamira Assembly pays her monthly salary and fake allowances.Her name is Edna Obara@EACCKenya
The Treasury is hiding KSh 150.7 BILLION in a secret "Sovereign Bond Proceeds Account", OUTSIDE the Consolidated Fund.
This is UNCONSTITUTIONAL.
No parliamentary oversight. No Auditor General. No Controller of Budget.
We demand: Name the bank. Open the books. Freeze the account.
Imara steel did not come to play with KRA.
There is a company called Imara steel. They cook metals to make mabati in Industrial Area, Nairobi.
In 2022, as they were busy cooking metals,
KRA was busy cooking their tax bill at Times Tower.
When KRA was done, what came out was 3.9B.
This bill covered 5 years.
- 2015, 2016, 2017,2018, 2019
Next morning, KRA airdropped the bill to Imara steel email.
When the director arrived at the office, the accountant stormed in. Akamsalimia. Then served him the bill even before chai.
The director looked at the numbers. He could not believe it. He thought his magnifying glasses were magnifying the numbers. He removed them.
He saw the same mad numbers live live.
• 3.9B.
He went nuts.
• Lesson 1: Never allow your accountant into your office before the tea person.
Director ordered the accountant to turn the fans on. There is no electricity. He is now worked up proper.
The accountant sneaked out.
And immediately embarked on a fault finding mission.
He came back with disturbing findings:
1. KRA was out of time for 2015 and 2016. Those years were beyond the 5 year statutory audit limit. Unless there is fraud. KRA had shown no fraud.
2. KRA had assumed 23% profit margins. Figures Imara had never achieved.
Wakasema baas. This is it.
They wrote an objection / protest letter to KRA. Explained everything. And demonstrated they had paid taxes to the last cent.
KRA could not hear any of it. They only wanted 3.9B.
In June 2022, KRA rejected the objection. And confirmed Imara must pay the 3.9B.
All this time, the accountant is not sleeping nor eating.
Amekanyanga tu wire.
Then something interesting happened.
KRA sent the rejection letter to the wrong email. And never realized.
So 60 days passed. No response is received from KRA.
Imara knew the law. If KRA does not respond within 60 days, your protest is deemed accepted.
They knew they had won. Director called the party.
Six months later, in Dec 2022, KRA came back with threats. We want the 3.9B. Pay or we freeze your bank accounts.
Imara responded: Guys, but you accepted our objection.
KRA said: Noo. We rejected it and emailed you. Here is the proof. Pay us up ASAP.
Imara looked at it and said: Guys, that is not our email.
Everyone at Times tower got shocked. How did that happen?
KRA said: OK the email was wrong. But tax is yours. Lipa.
As KRA is doing all this, they are unaware of two dangerous sentences in Kenyan tax law.
They read:
• KRA cannot audit past 5 years without proving fraud
• KRA must respond to objections within 60 days
Imara ran to court.
- Argued it cannot pay tax on rejection notices served out of time.
The tax appeal tribunal agreed the rejection letter was communicated to Imara out of time. But still asked Imara to bring fresh evidence to dispute the tax.
Later the Tribunal ruled the evidence was not enough.
• Imara was ordered to pay 3.9B.
KRA retreated to Times Towers celebrating.
Imara ran straight to the high court.
- It argued that it cannot pay tax out of rejection notices served to them out of time.
The judge looked at the case.
Then invoked the 2 dangerous sentences. You remember them?
- No audits beyond 5 years without fraud
- No rejection after 60 days
The judge sided with Imara.
- Imara was ordered to pay nothing.
- And KRA was ordered to pay legal costs to Imara.
Case closed.
Lesson 2.
• Everyone needs an accountant trained kukanyanga wire.
• KRA cannot audit beyond 5 years without proving fraud.
• If KRA misses the 60 days, call the party. You have won.
Court has warned KRA to go for real thieves, not NIL filers.
There is a company called Kapwell Enterprises Limited.
Their business is not complicated. They sell cargo clearing and forwarding services.
When they started, they had no one to show them mashimo. They only had hope and determination.
They hit the road.
2013, no deal.
2014, zero deal.
2015, no nothing.
Kazi ni kufile tu NIL returns.
As the director was busy tarmacking and accumulating tiny stones under his shoe heels,
Some crooks had stolen & were busy importing goods using Kapwell’s KRA PIN.
In 2018, Kapwell has known mashimo. They are minting real money. KRA notices.
They decided to audit.
Checking their internal customs system, they discovered that Kapwell’s PIN had imported goods worth 25M in 2013 and 2014. Yet they had filed NIL returns faithfully.
KRA went mad.
They took the 25M, added a fictitious 20% profit margin, computed income tax, VAT, penalties and interest, and slapped Kapwell with a tax bill of 11M.
Next morning at 3am, the director akagurumuka. He reached for his phone to check time. Saw an email notification. Hoping it was a client, he opened it.
Bahati mbaya, it was KRA. Delivering the bill.
Sleep ended instant.
• Lesson 1: usiku wacha simu sitting room.
At dawn, without even taking tea, he rushed to KRA to report a system error. Akaambiwa ndugu keti. He was shown mad numbers on the screen.
He swore he had never imported such goods.
KRA wakamwabia hii utalipa.
He ran to the police and reported a case of identity theft. Got an OB number. Took it back to KRA and asked them to investigate who had used his company PIN. He even gave them a list of competitors he suspected.
He then served KRA all of his bank statements. They were all zeros for those years.
But KRA could not hear any of it.
As KRA is doing all this, it is unaware of one dangerous sentence chilling quietly in Kenyan tax law.
It reads:
• KRA SHALL make inquiries into all tax issues raised by a taxpayer.
Make sure to underline the word SHALL. MANDATORY.
KRA did not investigate. Their position was:
• PIN ni yako. 11M ni yako. Lipa.
Frustrated, he ran to court.
The Tribunal asked KRA: Where is your investigation report?
- KRA said hakuna.
Tribunal invoked the one dangerous sentence. You still remember it?
• KRA SHALL make inquiries.
Tribunal ruled that the word SHALL is MANDATORY.
Tribunal concluded Kapwell was a victim of identity theft.
11M tax was set aside.
You would think that is the end. Noo.
KRA retreated to Times Tower swearing: 11M haiwezi enda hivo. Aje?
They appealed to the High Court.
In court, Kapwell was asked:
Why don’t you want to pay tax under your PIN ndugu?
He responded: My lord, I have no problem paying taxes. But not for goods I never bought, never touched, and never sold.
The good judge asked him: What do you mean?
He responded: My Lord, if you owe your landlord 100K. You take the 100k bundle to his office and hand it to him. As he starts counting, a thief storms in, orders everyone down, and in the confusion the landlord throws the money back at you. The thief grabs it and disappears. Have you paid rent or not?
The court went silent.
The judge asked him: Kapwell what are you saying?
He replied: My Lord, who should the landlord pursue for the money? You the tenant or the thief?
Judge removed his spectacles.
Paused.
Then sided with Kapwell.
The 11M tax was set aside.
KRA wakaambiwa waende watafute wezi wawalipe.
Case closed.
Lesson 2.
• KRA cannot tax a victim of identity theft.
• KRA must go for the real beneficiary thief.
Anytime Ruto is reminded about a road that he promised he says "contractor amefika ako hapo sa hii"🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣we might be dealing with something worse.