The Director of Public Prosecutions Noordin Hajji has made yet an application to review a Sh2.2 billion tax evasion case facing businesswoman Mary Wambui and her daughter.
Wambui popularly known as ‘Wambui wa Ruto’ is a political ally of President William Ruto.
On Tuesday, prosecution counsel Judy Thuguri told anti-corruption magistrate Felix Kombo that the Kenya Revenue Authority is considering settling the case out of court.
Wambui and her daughter are directors of Purma Limited.
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Out-of-court settlement
Thuguri told magistrate Kombo that they have a letter from the counsels of the accused, requesting for a review of the case based on ‘new information.
The counsel wrote to the DPP on September 26.
Subsequently, on September 29 the DPP wrote to KRA seeking their views.
KRA in response indicated that they were having engagements with the accused persons.
Consequently, the two parties are considering a review of the tax payable, which has been contested by the accused.
“Both parties are considering out-of-court settlements “, Thuguri said.
The matter is set for December 5, when the court will give further directions.
Additionally, the passports of the two accused persons were temporarily released for travel and renewal purposes, respectively.
Purma Holdings Limited and its directors are facing charges of knowingly and unlawfully omitting from the company’s income tax returns Sh2.2 billion.
The accused did not include the said monies in the 2014 income tax returns.
They denied the charges and are out on a cash bail of Sh50 million.
Eight witnesses were set to testify in the case.
Worrying trend
Already the Law Society of Kenya has been protesting the recent moves by the DPP to review cases touching on prominent personalities and politicians.
LSK says the trend is posing a threat to the rule of law.
Wambui’s case will be the fifth to be reviewed by the DPP since President William Ruto rose to power.
Hajji has so far withdrawn cases against former Kenya Power bosses Ben Chumo and Ken Tarus.
Other persons whose cases are under review include Cabinet Secretary nominees Aisha Jumwa and Mithika Linturi.
The DPP is at the same time seeking to review the case against Deputy President Rigathi Gachagua.
Gachagua is facing Sh7.5 billion graft-related charges.
