The Office of the Directorate of Public Prosecution (ODPP) secured a jail term for a clearing agent who solicited a Ksh. 2.9 million bribe from church officials. The agent, identified as Philip Mutua Kilonzo, was fined Ksh. 3.05 million, or in default, he faces two years in prison.
Kilonzo was convicted on two counts of asking for a bribe and one count of obtaining money by false pretenses at the Anti-Corruption Court in Nairobi.
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The suspect was sentenced to pay a fine of Ksh. 1.5 million or serve two years in prison for demanding the Ksh. 2.9 million bribes from officials of the United African Evangelical Ministry and Grace Children’s Home on October 4, 2020.
Mutua Kilonzo Jailed for Demanding Ksh 2.9M from Church Officials for KRA-Write Off
His intent was reportedly to influence the writing off of alleged taxes owed to the Kenya Revenue Authority (KRA).
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KRA Tax Write-Off refers to a situation where the Kenya Revenue Authority (KRA) cancels or forgives a portion or the entire amount of taxes that a taxpayer owes.
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This can happen if the taxpayer meets specific criteria or if the tax debt is considered uncollectible. Essentially, it means that the government allows the taxpayer not to pay some or all of their outstanding taxes.
The court also sentenced Kilonzo to another fine of Ksh. 1.5 million for soliciting the same bribe amount on several occasions between October 3 and October 8, 2020, from officials of the United African Evangelical Ministry.
Additionally, Kilonzo was fined Ksh. 50,000 or faces 8 months in prison for obtaining Ksh. 20,000 under false pretenses.
The court also heard that on October 1, 2020, he misled officials from the United African Evangelical Ministry into giving him Ksh. 20,000, claiming it was for travel expenses from Busia to Nairobi.
This was allegedly for a meeting with KRA officials to resolve a tax dispute between KRA and Grace Children’s Home.
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EACC Reveals How Suspected Solicited Money from the Officials
The Ethics and Anti-Corruption Commission (EACC) investigations revealed that Kilonzo facilitated the clearance of a cargo container for Grace Children’s Home, an orphanage affiliated with the African Evangelical Church Ministries in Kangundo, Machakos County, in 2020.
The container had all customs duty duly paid. However, in October of the same year, he falsely claimed that the church had an outstanding customs duty and demanded a bribe of Ksh 5.8 million to have the debt “written off” by KRA officials.
“Further investigation revealed that on October 1, 2020, Kilonzo received Ksh 20,000 from a Church official, falsely presenting it as travel expenses for a supposed trip from Busia to Nairobi, where he claimed to resolve the tax dispute between the Church and KRA,” EACC said.
Kilonzo was arrested and arraigned on May 14, 2024, following the Director of Public Prosecutions’ concurrence with the EACC’s recommendation to prefer charges under the Anti-Bribery Act and Penal Code.
Principal Magistrate Celesa Okore ruled that Kilonzo should serve all sentences concurrently. The case was prosecuted by Thelma Nanjaya.
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