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KRA duel with Google in Gmail account hack probe

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Times Tower, the headquarters of the KRA, in Nairobi. FILE PHOTO | NMG

The Kenya Revenue Authority (KRA) has asked the High Court to dismiss a suit filed by Google Kenya in which it obtained orders stopping the taxman from demanding details of an unauthorised Gmail account that was used to hack into the KRA system.

KRA says the High Court is not the appropriate forum for Google to challenge the orders of the magistrate’s court that allowed the taxman to demand access to details of the Gmail account.

The new KRA filing comes even as it emerged that the taxman and Google Kenya have started negotiations that have, however, stalled following the revenue authority’s unwillingness to seek an out of court settlement.

“The applicant ought to have gone to the magistrate’s court, the court that issued the orders to either produce the requested information or show cause why they are unable to so produce,” investigating officer Mohammed Jillo attached at KRA’s DCI unit says in a document filed in court on June 18.

The dispute arose after Mr Jillo sought a warrant to investigate Google Kenya, which was granted by the Milimani Magistrate’s court on January 9.

READ: Google wins order against email search in battle with KRA

He told the court that an offense of unauthorised access to KRA’s computer system was booked at Railway police station on January 2.

He alleged that email address [email protected] was used to access KRA’s computer system and performed a task of an authorised officer hence infringed on the information security of KRA.

But Google Kenya rushed to the High Court and obtained temporary orders suspending the order by Magistrate’s Court permitting KRA to carry out its probe.

Google Kenya opted to move to the High Court to challenge the order issued saying that the investigating officers needed to specify who they are targeting in their probe between Google LLC and Google Kenya.

But Google in papers filed in court this week says KRA has not pursued any negotiations.