KRA to hold CMC Di Ravenna cars in tax row

The Kenya Revenue Authority offices at the Times Tower, Nairobi. FILE PHOTO | NMG

What you need to know:

  • Justice John Mativo dismissed the petition by the firm, saying the Italian firm had not established any of the grounds for judicial review.
  • Justice Mativo said the court would not grant orders, which impede the Kenya Revenue Authority and Directorate of Criminal Investigations (DCI) from lawfully performing their legal mandate.

Italian firm CMC Di Ravenna -Itenera JV has lost bid to block the taxman from seizing its more than 100 vehicles over tax evasion claims.

Justice John Mativo dismissed the petition by the firm, saying the Italian firm had not established any of the grounds for judicial review.

“The applicant before court is not the owner of the vehicles hence there is no basis, which the orders being sought can be granted to it,” he said.

The judge further said courts respects the constitutional and statutory mandate of the State agencies and cannot, therefore intervene where there was a clear abuse of powers.

Justice Mativo said the court would not grant orders, which impede the Kenya Revenue Authority and Directorate of Criminal Investigations (DCI) from lawfully performing their legal mandate.

The ruling complicates matters for a firm that has been in the eye of storm over its role in the botched construction of Arror and Kimwarer dams in Elgeyo Marakwet.

Mr Paolo Porcelli, a one-time chief executive of CMC di Ravenna, is wanted in Kenya on unrelated corruption charges.

In the Friday ruling, the court heard that the DCI had been informed that there were vehicles, which were subject to ongoing investigations by the KRA and sought to establish the status of the vehicles and secure the same.

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Note: The results are not exact but very close to the actual.