Acting Nairobi Governor Ann Kananu has moved to court to block her arrest over failure by the county to remit Sh2.1 billion to Kenya Revenue Authority (KRA).
In a petition before the High Court, Ms Kananu and three other county officials say the tax arrears being demanded have accumulated since 2011, yet she got into office in 2021.
Ms Kananu said she and members of the county treasury are separate and distinct entities from the county government and the impending arrests are an abuse of the process of court.
“The process initiated by the respondents against the applicants has no reasonable basis in law or fact whatsoever and therefore there is no cause of action,” reads part of the application.
MS Kananu says KRA is targeting her together with the finance executive Mr Allan Easbwa, Mr David Wambugu (Deputy Director Debt management) and Ms Martha Wambugu (head of county treasury)
The court heard that they were served with a notice to appear before the Directorate of Criminal Investigations attached to KRA on October 28 and share information that may assist in investigations.
The court documents reveal that the county government committed in July, to make a monthly contribution of Sh250 million. The documents state that the county has so far paid Sh1.3 billion and intends to clear the debt in installments.
Through lawyer Thomas Letangule, Ms Kananu said her looming arrest is an abuse of the criminal process as it is intended to embarrass her and the county officials in a matter that is actively being negotiated between the City County government and KRA.
“The intended proceedings is an abuse of the court process as it only serves to prejudice and or embarrass the applicants,” Mr Esabwa said in an affidavit.
The officials have sought orders stopping any further proceedings pending the hearing and determination of the petition.
“The intended actions have been actuated by malice, ill will and ulterior motives. DCI and KRA are using the criminal process as a tool to settle scores, and demonstrate muscle,” the court documents state.
