By Grace Gilo
A court in Nairobi has ruled that two former Kenya Revenue Authority (KRA) officers, who are accused of facilitating the improper issuance of a Tax Compliance Certificate to non-compliant taxpayers in exchange for a bribe, must respond to the charges against them.
“A Nairobi court has ruled that two former KRA officers charged with facilitating irregular issuance of a Tax Compliance Certificate to non-compliant taxpayers upon payment of a bribe have a case to answer,” wrote the Office of Director of Public Prosecutions (ODPP) on X.
Principal Magistrate Celesa Asis Okore of the Nairobi Anti-Corruption Court has ordered former KRA officers Mercy Victoria Masinde, Charity Njoki Kinyua, and security guard Jane Njoki Kangara to present their defense after the prosecution successfully established a prima facie case.
“Nairobi Anti-corruption Court Principal Magistrate Celesa Asis Okore placed former KRA officers Mercy Victoria Masinde, Charity Njoki Kinyua, and security guard Jane Njoki Kangara on their defence after the prosecution established a prima facia case against them,” stated the ODPP.
The court found that the accused, who were employed in the Department of Domestic Taxes at KRA, accepted a bribe of Ksh.4,500 to issue a Tax Compliance Certificate to Esinka Agencies Limited, which had unpaid tax liabilities totalling Ksh.110,000.
“The court ruled that the accused persons being officers at the Department of Domestic Taxes of the Kenya Revenue Authority received a bribe of Ksh.4,500 and facilitated the issuance of a Tax Compliance Certificate to Esinka Agencies Limited which had outstanding Tax Liabilities amounting to Ksh.110,000,” the ODPP revealed.
The accused were apprehended by a multi-agency security team led by the Directorate of Criminal Investigations (DCI), with support from other units, during coordinated raids on several KRA offices in and around Nairobi.
Additionally, Mercy Victoria Masinde faces a separate charge of Abuse of Office, in violation of Section 46 as read with Section 48 of the Anti-Corruption and Economic Crimes Act No.3 of 2003.
“Mercy Victoria Masinde was separately charged with the additional offence of Abuse of office contrary to Section 46 as read with Section 48 of the Anti-Corruption and Economic Crimes Act No.3 of 2003,” added the ODPP.
Prosecution counsel Jeremiah Walusala and Linda Otieno argued that Masinde while serving as a Tax Compliance Officer at KRA, misused her position to improperly confer a benefit to award a Tax Compliance Certificate to Esinka Agencies Limited.
The case is scheduled for mention on September 9, 2024.