This archive report was first published on 16 October 2019.
On October 16, 2019, a contractor, Hassan Ahmednur Baricha, was freed on a Sh10 million bond with one surety after threatening to kill a Kenya Revenue Authority (KRA) tax enforcement officer to avoid arrest over a Sh162 million tax evasion case.
Baricha, the proprietor of Hanamal Construction Company, had hired senior counsel to defend him in the case, which attracts a 10-year jail term and a fine of Sh324 million.
He denied flouting the tax rules between 2015 and 2017 by fraudulently falsifying returns and earnings, thereby failing to remit Sh162,059,273 to the KRA.
However, the court allowed Baricha's bail plea, citing Article 49 of the Constitution that requires courts to free suspects on bond unless there are compelling reasons.
Magistrate Peter Ooko said the prosecution had not furnished the court with evidence that Baricha was a flight risk, and the fact that he allegedly threatened to use his gun on the police officer did not make him a flight risk.
Baricha was ordered to deposit Sh10 million in bond with one surety of similar amount and to pay an alternative cash bail of Sh5 million in case he fails to raise the surety.
He was also warned not to interfere with witnesses and to deposit his travel documents in court.
