Two activists, Okiya Omtatah and MohamedÂ Ahmed Mohamed, have claimed in court filingsÂ that they have evidence showing collusion by
Mr Njiraini, former KRA boss Michael Waweru,Â Ethics and Anti-corruption CommissionÂ chairman Mumo Matemu and Kisumu governor
Jack Ranguma to help Kingsway Tyres to evadeÂ tax.
Mr Omtatah claims that despite the High CourtÂ having authorised KRA to collect the Sh2.4Â billion tax claim from Kingsway 10 years ago,
the amount remains uncollected due to theÂ alleged collusion.
â€œThe petitioner recently acquired documentsÂ providing incontrovertible and conclusiveÂ evidence that the respondents have colluded to
defeat the public interest in the recovery ofÂ the Sh2.4 billion tax arrears,â€ says Mr OmtataÂ in an affidavit.
They want the court to order the anti-corruption watchdog and the Directorate ofÂ Criminal Investigations to investigate the claimÂ of bribery against the current and formerÂ bosses of KRA, whom he sensationally claimsÂ pocketed Sh900 million.Â The petitioners have listed KRA board of
directors, Kingsway & Auto Mart Limited andÂ Kingsway Tyres Limited as respondents to theÂ case.
The former top KRA officials are sued in theirÂ personal capacity for the period they served atÂ the tax authority. Mr Njiraini, the current KRA
boss, served as commissioner for Large TaxÂ Office, Mr Waweru was the CommissionerÂ General, Mr Matemu served as theÂ commissioner for support services, the legalÂ arm of KRA, while Mr Ranguma wasÂ commissioner of domestic taxes/income Tax.
KRA in May 2004 instructed SpeedmanÂ Commercial Agencies Limited to seize andÂ auction the goods of Kingsway Tyres & Auto
Mart Limited to recover the unpaid tax.Â In September 2004, Speedman attached allÂ goods belonging to the firm and threatened toÂ auction it if the tax arrears was not paid in 10Â days.
Kingsway allegedly wrote to Mr RangumaÂ proposing to settle the outstanding 2.4 billionÂ tax arrears in instalments of Sh1.5 million perÂ week and requested their premises to beÂ opened for business.
Mr Ranguma allegedly approved theÂ arrangement and ordered the company toÂ release the secured assets.Â Despite this arrangement Kingsway moved toÂ court to challenge the tax, which it lost to theÂ KRA in 2007.Â The petitioners claim that KRA put up a weakÂ defence but disclosure made by the SpeedmanÂ Commercial Agencies assisted it to win theÂ case.Â They reckon that despite the favourableÂ judgment, KRA has failed to collect the tax,Â which stands at Sh3 billion as at April 2012.