, NAIROBI, Kenya, Mar 30 – The High court has issued an order restraining Mombasa Governor Hassan Joho from transferring monies held in his bank account at CfC Stanbic.
Justice Hedwing Ongudi, said that Joho should not withdraw any funds until the Kenya Revenue Authority (KRA) completes a tax returns assessment.
The order will last for a period of 30 days, the judge directed.
KRA moved to court seeking the prohibitive order against Joho on grounds that he had not filed any returns from the year 2014.
The taxman’s lawyer Sylvester Okello told the court that the tax returns last filed were for the years 2008- 2013 with Joho returning nil income all the years except 2010.
“Despite declaring nil tax returns the governor is the registered owner of two high end motor vehicles, a Rolls Royce and Porsche Cayenne,” the lawyer said.
He told the court that it’s apparent that the respondent has been in receipt of income which no taxes have been charged, saying that the commission intends to assess his income and issue a tax assessment.
“If the funds in the accounts of the respondent are not preserved then it’s likely that he may frustrate the recovery of the tax” he said.
He said that Joho has interest in several companies, saying that there are no known assets in his name that may be used to recover the taxes once the assessments have been finalised.
Okello argued that payment of taxes is constitutional and a statutory duty and responsibility of every person deriving income.
He further told the court that in the interest of justice and equity the respondent pays his fair share of taxes.