Queries over Uhuru NLC nominee’s tax compliance

Mr Gershom Otachi who was nominated as NLC chairman by the President. FILE PHOTO | NMG

What you need to know:

  • Taxman makes U-turn, saying Mr Otachi is not up to date with his payments.

The Kenya Revenue Authority (KRA) is on the spot for issuing two conflicting tax assessments of President Uhuru Kenyatta’s nominee for the National Land Commission chairperson.

KRA, which initially issued a clearance certificate that enabled lawyer Gershom Otachi to clinch the National Land Commission (NLC) nomination made a U-turn on Wednesday as vetting of nominees got underway.

It has written to the National Assembly’s committee on Land saying Mr Otachi is not tax-compliant.

The committee, chaired by Kitui South MP Rachael Nyamai has summoned KRA Commissioner-General Githii Mburu to appear before it this morning to shed light on the validity and accuracy of the conflicting tax assessment.

Mr Otachi had appeared before the committee with a tax clearance certificate dated June 12 that he said was issued by KRA before he applied for the position.

“I wish to direct that the KRA Commissioner-General appears before this committee tomorrow (today) morning to clarify discrepancy in the two tax clearance certificates,” said Ms Nyamai.

“I have a letter from KRA dated September 18, 2019 signed for the Commissioner for Domestic Taxes by one Edward Mbugua indicating that the nominee is not tax compliant. I also have a tax clearance certificate from Mr Otachi indicating that he is tax-compliant and that the certificate is valid until June 11, 2020.”

President Uhuru Kenyatta had forwarded the name of Mr Otachi for vetting alongside that of Ms Esther Murugi Mathenge, Mr James K. Tuitoek, Ms Getrude Nduku Nguku, Mr Reginald Okumu, Mr Samuel Kazungu Kambi, Mr Hubbie Hussein Al-Haji, Mr Alister Murimi Mutugi, and Ms Tiya Galgalo who were nominated for appointment as members of NLC.

Mr Otachi, served in the defence team of six Kenyans, including President Kenyatta and his deputy William Ruto at the hague-based International Criminal Court (ICC) for crimes against humanity. The ICC judges later dismissed charges against all six Kenyans.

Yesterday, confusion hit the vetting after Cherangany MP Joshua Kutuny demanded to know if Mr Otachi was tax-compliant.

“This is a personal matter that touches on my integrity. For avoidance of doubt, I have with me a tax compliance certificate issued by KRA. It is not forged, it is genuine document issued by KRA and I am tax- compliant,” Mr Otachi said in response to Mr Kutuny.

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