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‘Homeland’ pub in battle to stop auction over Sh33m tax debt mix up

By MAUREEN KAKAH September 25th, 2016 1 min read

A  city bar and restaurant situated along Thika Superhighway is on the verge of closure following a threat from the Kenya Revenue Authority (KRA) to auction its property due to unpaid taxes amounting to Sh 33 million.

In filed case documents, Homeland Lounge has moved to court to stop the imminent auction from going on as planned and has sued KRA as well Keysian Auctioneers.

Through lawyer Daniel Ndegwa Wokabi, the joint denies owing the taxman Sh 33,295,253 and accuses the sued parties of unlawfully issuing a threat to dispose stuff belonging to the pub through a public auction set to be held on Monday September 26 at 11am.

KRA issued a notice on September 16 through a local newspaper advert of the intend to carry out the auction.

TAX ARREARS

KRA also issued a letter indicating the tax arrears but it was addressed to one David Wokabi Muriithi T/A Homeland INN.

But according to the joint’s proprietor, Mr Duncan Ndegwa Muriithi, KRA has confused its Pin and that of Mr Muriithi since his business has a tax compliant certificate issued on May 4 and is valid upto May 3, 2017 as well as e-returns acknowledgments receipts for the month of August and July.

“KRA and the auction firm’s actions are irrational as well as deliberately violating principles of natural justice by wrongfully proclaiming the joint’s goods instead of the tax payer with the arrears,” Mr Wokabi said.

The joint’s proprietor also claims that its business number is different from that which KRA has referred to.

The joint now wants the court to issue orders to KRA and the auction firm permanently stopping them from conducting the said public sale and the threat notice be lifted.