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DPP Haji now targets Keroche power couple with Sh14 billion tax evasion suit

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DPP Noordin Haji has ordered for the arrest and arraignment of Keroche Breweries directors Tabitha Karanja and Joseph Karanja for allegedly evading taxes amounting Sh14.45 billion since 2015.

In a statement to newsrooms, the DPP said investigations revealed that the directors could be culpable of 10 counts of tax fraud between January 2015 to June 2019.

The DPP said the KRA commissioner general submitted an inquiry file to his office on August 18 and an audit by KRA established that Keroche Breweries had evaded payment of tax tallying to Sh14,451,836,375.

The amount evaded, according to the DPP, included stamps valued at Sh329,424,019, Crescent Vodka brand valued at Sh135,402,950 among other products registered under the company.

The exercise duty evaded on the said products, according to KRA, amounted to Sh2,101,846,768 billion.

IN PUBLIC INTEREST

The DPP says that he is satisfied that there is sufficient evidence and that it is in the public interest to charge the suspects with 10 counts of tax fraud contrary to the Tax Procedures Act of 2015.

For more than a decade, Keroche has been battling with Kenya Revenue Authority over tax arrears the brewer owes the taxman.

In 2017, a three-judge Court of Appeal bench ruled that KRA had abused its powers by sending a tax demand of the three tax heads and penalties amounting to Sh1.1 billion through a letter dated November 29, 2006.

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The ruling was the third in the 10-year battle in favour of the brewer, which gave them a fresh lease of life to the 20-year-old Keroche.

The letter was dismissed as unreasonable because it had come without an accompanying schedule of details of the said assessment and without proper notices.

The revenue authority had appealed an earlier decision by the High Court on July 6, 2007, where Justice Joseph Nyamu had prohibited the taxman from demanding the taxes, citing “abuse of powers”.

The taxman, who was also demanding an additional Value Added Tax of Sh305 million, was basing the tax bill on an assessment carried out in 2006, where some Keroche products had allegedly not been given the right classification, hence being subject to lower taxation.

by nairobinews

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1 Comment

  1. Kamau peter

    August 21, 2019 at 3:56 pm

    It’s now evidence Uhuru leadership is targeting his own people to finish them..starting from nyamakima traders and now to private factories… Despot must fall.

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Business

Why ignorance of finer details hurts lazy home buyers

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Who does not want to own a home one day? It is the endeavour of nearly every family. It is a pride, an achievement if I may. Yet we make careless mistakes at the tail of the tedious sweat to the realisation of this dream. Let me first put things into perspective; our construction ecosystem remains stubbornly fractured and dysfunctional. It is highly fragmented and very conservative.

Ingrained practices make it incredibly punitive and unforgiving. Before deciding to buy a house, you must wake up to this realisation.Most home buyers are lazy, careless and easily gullible.

They are, by large, only fixated with house prices and retreat to their ‘paradise’ cocoon once the house price makes sense to them. This attitude has been the icing to spurious developers. Listen, buying a house, especially off-plan, requires vigilance.

a`There are several boxes that must be closely monitored and ticked. Unfortunately, one of the critical boxes that always evades most buyers is the defects liability period. Many have and still painfully paid for this ignorance.

Requirements

Defects liability period, mostly six months, is a period of time following the practical completion during which a contractor remains liable under the building contract for dealing with any defects that become apparent. This period is fixed in a building contract between a developer and client. It can never be altered to suit a buyer.

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Once the period has lapsed, the contractor’s liability to rectify defects on your house lapses. Unknown to most buyers, the defects liability period always begins with the architect’s practical completion certificate to the contractor. It starts even before the occupation certificate is obtained. In fact, the architect’s practical completion certificate is one of the requirements for obtaining a county’s occupational certificate. Yet buyers normally take their sweet time to access their houses, after construction completion, unaware that the contractor defects liability period awaits no one.

Not even the developer.In some instances where final house payments are pegged on occupation certificate, the practical completion certificate, which instigates the defect liability period, can be irregularly and prematurely issued before actual completion of works so that a ‘broke ‘developer start to receives money from buyers.

How? Our long outstanding ethics deficit history as a country. Several times I have come across home buyers who ignorantly insist that the defects liability period be counted from the date they take possession of their house.Ignorance has driven many to complicate even the irreducibly simple. It is impossible to tailor defects liability period to each buyer.

Imagine the chaos of doing so to 100 buyer. The defects period will always rise and set on all at the same time – make peace with that. It is imperative to always note this as a buyer and insist then on seeing the architect’s certificate of practical completion to know when the defect period begins and lapses. Engrave those dates somewhere if you can’t memorise. Even on projects with sectional occupation certificate, ask for the practical completion certificate that was used to obtain the sectional occupation certificate.

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Once you have immaculately noted the defects liability period, please carry out and document all the house snags issues and ensure they are rectified within the period. In situations where access to your house is pegged to clearance of final payment, request the developer access to allow you snag the house for any noticeable defects to be rectified.

Avoid running into cat and mouse games with the developer once this period has lapsed. There will be only one loser. You. For the umpteen time, the defects liability period will not be tailored to your wish as a buyer, it’s a contractual period that is fixed.

There will not be even an extra day added to it. I appreciate that the greatest struggle in mankind is that against ignorance, but this can no longer be classified as ignorance, especially in 2019. We cannot keep making the same mistakes over and over. Be wise or perish! – The writer is chairman of Association of Construction Managers of Kenya. nashon.okowa@gmail.com

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Business

Life in the skies: I globetrot for a living

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Mariam Ali is living her dream. Imagine working at 37,000ft in a jet cruising at 900Km/h, mingling with all kinds of people? A dream job, right? Well, this is what Mariam does for a living. Her journey began at Fly Dubai as a member of the cabin crew, before joining Emirates in 2015 as the airline’s business class hostess.

So, what does the job of a global airline’s cabin crew entail? And what is it like to globetrot to and from work?

‘‘My main job is to ensure the passengers aboard are comfortable and safe. It’s also my responsibility to ensure passengers have the best experience during the journey by attending to all their needs,” she says.

‘‘Some journeys, such as Dubai to New York, are very long, sometimes lasting more than 10 hours. This can get boring and exhausting, so it’s important to ensure passengers are happy and relaxed.”

This job has offered her travel opportunities to places she had never dreamt of going to before.

‘‘Every journey is an opportunity to experience new cultures and to interact with people from diverse backgrounds,” she says.

‘‘It is always a delight to discover new cities and revisit those that I have been to before.”

Multi-racial interactions begin long before Mariam’s plane starts taxiing on the runway, thanks to Emirates’ 20,000 flight attendants who are drawn from 150 countries.

India is Mariam’s favourite destination, owing to the sub-continent’s diverse cultures, sub-cultures, languages and dialects.

READ ALSO:   Doctor says Keroche chairman too sick to be put in police cell

What are the key selling points for this career and why would a young person be interested?

‘‘First, if you do it for a long time, flying can become a lifestyle. Most air hostesses are offered the best accommodation, travel allowances and per diems,” she says, adding that this is the best job for those who are outgoing and adventurous in nature.

‘‘You always get to meet and interact with team members whom you have never flown with before, which is very exciting.”

But even though they might not always know each other before every flight, the team always has a common goal: To fly passengers to their destinations within a safe and exciting environment.

Major airlines also offer extensive training in the industry to boost their employees’ career development.’’

Additionally, flight attendants have a clearly defined career growth pattern.

“Beginners start at the economy class level before progressing to business class. You are then elevated to first class and later cabin supervisor and service trainer, depending on your interests. All these come with attractive perks,” she says.

The selection process in major airlines is, however, a highly competitive and rigorous exercise.

“Candidates who meet the basic requirements of personal presentation and etiquette are handpicked from dozens of applicants, after which they are interviewed on various aspects of the business,” says Mariam, who is also a a fitness coach and a gym trainer.

Once selected, the team is taken through an intensive training that covers the aspects of safety and security, customer service, grooming and general medical training.

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“This is particularly necessary because it enables us to know how to handle medical emergencies on board whenever they occur.

“Unlike some careers, where you must have qualifications in that particular area, most airlines admit professionals from different academic backgrounds, with only basic training required.”

Mariam studied food and nutrition at the National Academy of Sports Medicine (NASM) in London, and also holds a higher national diploma in aviation management.

After employment, a candidate can further their studies and specialise in different areas. The downside of her job, she says, is jetlag.

“You fly through different time zones every day. When you leave Dubai for Chicago, for instance, you depart in the morning and arrive there while it’s still in the morning. This throwback upsets the body, and you have to adjust accordingly so that you can sleep.”

Mariam notes that getting used to jetlag takes time, and that the body naturally adjusts to cope favourably with the long flights.

‘‘When I arrive in Chicago in the morning, I usually go sightseeing and shopping in the city, then retire to bed at night. This allows me to sleep well. On average, we spend 50 hours in the city, and by the time we’re flying back, my body has relaxed adequately.”

Eating healthy foods and maintaining an active lifestyle is highly recommended for this kind of a job.

‘‘We’re encouraged to engage in sports, go to the gym, do yoga or meditation so we keep our bodies and spirit active,’’ she says.

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A strong personality, a pleasant demeanour and positive attitude are crucial in this industry.

Mariam travels to seven or eight destinations in a week, and gets 10 to 12 days of rest every month. With such a compact schedule, meeting her family is not always possible, but her employer offers her a very decent incentive.

“The airline provides a concessional ticket for every crew’s family, which allows us to travel together with loved ones. Whenever I travel, I purchase tickets at discounted prices, or use the free tickets that the airline provides.”

Installation of WiFi on planes is one of the trends which is expected to enhance the flying experience for customers.

“It’s now possible to connect with your loved ones and go about your life from altitudes of 35,000 feet.”

But misconceptions about the career abound too. People assume that members of cabin crew are poor at maintaining lasting relationships because they are always travelling. This is false,” she observes.

Mariam is an avid reader too, with a particular bias for fiction.

“I like reading crime thrillers by John Grisham. I also love history. My most recent read is a book called Sapiens by Yuval Harari, which is a history of evolution of humankind until the 21st century.”

An ardent hiker, Mariam has climbed Mt Kilimanjaro, Elbrus in Russia, Stok Kangri in northern India and Everest Base Camp in Nepal.

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Michael Joseph: KQ could fly into more turbulence

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National carrier Kenya Airways has protested the slow pace with which the government is implementing the nationalisation of the airline. It has warned it could fly into more turbulence within six months if the programme is not completed.

Kenya Airways Board Chairman Michael Joseph  yesterday expressed their frustrations at how the Ministry of Transport was handling the recommended programme.

He complained to a parliamentary committee that since the National Assembly directed the nationalisation, little had been done, throwing their restructuring plans into disarray.

Mr Joseph said since July when parliament voted to nationalise the listed airline, approving the government’s buying out of the minority shareholders, there was no clear roadmap and set timelines for the programme, placing the airline at risk of plunging into more debts.

He told the National Assembly’s Transport Committee that while they had worked out their plans and engaged both financial and legal advisers on the nationalisation programme, there was little that had been done by the government to actualise the plan.

“Our frustrations and impatience is that about six months later, we have no timelines on when the process should end. We are not even sure if it will go to conclusion,” said Joseph.

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He added: “We are frustrated that this is really taking long. We have vented as much as we can and I am sure even the PS (Transport Principal Secretary Esther Koimett) is not happy with me stating this publicly, but we can tell you that unless this is done within the next six months, then the airline will no longer be a strategic asset for this country.”

But Koimett defended the ministry, stating that since parliament’s move, they had formed steering and technical committees that are now handling the specific elements of the process.

She revealed that the committees have since prepared a memorandum to be presented to Cabinet and sought advisory opinion of the Attorney General, who addressed the aspects that need to be taken care of in the process.

by Standard

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