Youthful firms directors charged with tax fraud amounting to 12m
By Samuel Migele
Three youthful Kenyans were charged before Milimani
Chief Magistrate Francis Andayi with several counts of tax frauds a
mounting to KShs.12.5 million.
Victor Olingo Odhiambo, Rodgers Otieno Odhiambo and Moses Thur
e Odhiambo all directors of Remarc Logistics Limited, a clearing age
nt are jointly accused of making false cargo entries with lowered tax
values to avoid paying required customs taxes while clearing goods.
The Kenya Revenue Authority (KRA) established that the accused pe
rsons made eleven entries between 2015 and 2019 while acting as cl
earing agent on behalf a company that imported goods between the
said dates.
The three were given genuine invoices to lodge Import Declaration
Forms (IDF) and later lodge entries for customs clearance of the con
signments. However, they prepared lower value invoices with an int
ent to lower the tax liability without the knowledge of appointing co
mpany. They then cleared the consignments but billed the company
using its genuine invoices, defrauding the Commissioner of Customs
KShs. 12,544,635 in duties and taxes.
The first eleven counts of the case involves making entries that are f
alse in material particulars which a violation of section 203(a) of the
East Africa Community Customs Management Act, 2004. They are al
so jointly charged with a count of fraudulent evasion of the paymen
t of any duty contrary to section 203(e) of the same Act.
Rodgers Otieno Odhiambo and Moses Thure Odhiambo both denied
the charges and were granted a bond of Kshs. 400,000 with one sure
ty or cash bail of KShs.200,000 each. Plea for the first accused, Victor
Olingo Odhiambo and their company is
deferred. The case will be mentioned on 13th May 2021.
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