Top city lawyer has lodged a case in court seeking to stop his arrest over alleged unpaid taxes amounting to Ksh 378million.
Lawyer Tom Ojienda filed the case stating that the Kenya Revenue Authority (KRA) is being used by his detractors to fight political battles.
Ojienda who is a member of the Judicial Service Commission mentioned that his name is being tainted ahead of the approaching JSC-LSK representative elections.
“KRA cannot purport to conduct an assessment after the expiry of five years. KRA is purporting to implement a process after the lapse of five years without any justifiable cause,” the court documents reads.
The lawyer wants the court to forbid KRA, DCI and AG from starting any civil or criminal processes, arresting, summoning, questioning or in any way harassing him with respect to any tax questions for the period 2009 to 2016.
According to the court documents, in September 2016 KRA demanded a payment Ksh 378million.
The figure was arrived at after illegal amendments to his tax register and the inclusion of fictitious figures derived from clients’ deposits and personal emoluments between 2009 to 2016.
Ojienda later moved to court to quash KRA’s assessment.
In May this year, Justice George Odunga cancelled the assessments dated June 7 and September 5, 2016 and further barred the revenue authority from acting upon the assessments.
KRA has since appealed but the case is still pending.
