Oil firm boss fights KRA’s travel ban

A senior Libya Oil Kenya official has contested a Kenya Revenue Authority travel ban for his role in a Sh15 billion tax investigation.

The oil marketer’s general manager, Duncan Ziyanai, yesterday went to court, seeking to overturn the taxman’s order directing immigration officials to block him from leaving the country until the probe that began last October was completed. In a directive issued last week, KRA said there was a likelihood of the Zimbabwean national fleeing the country in a bid to avoid prosecution.

Mr Ziyanai was hired by the oil marketer in 2014 for a period of three years and had his contract extended by two years.

At the centre of the tussle between KRA and Ziyanai is a probe into Libya Oil’s tax arrears amounting to Sh15 billion incurred between 2010 and 2016.

There is also another investigation on transfer pricing and application for relief of errors by the firm between 2012 and 2013.

“Even if there are ongoing investigations against Libya OilKenya (LOKL), it is a separate persona from him and he cannot be held liable personally to pay those taxes given that he is neither a member, controlling or otherwise, or the director of LOKL,” argued Ziyanai’s lawyer, Ochieng Oduor.

No shareholding

Ziyanai denied owing the taxman any dues and insisted that he was condemned without being given an opportunity to argue his case.

According to the manager, he does not have shareholding or directorship in the firm which is controlled by Libya OilKenya Holdings Ltd, with 28 million shares.

“The petitioner avers that he is not a director, a shareholder or a member of LOKL in terms of the Companies Act, 2015. In any event, he does not owe any tax to the first respondent (KRA) and no demand for the tax was ever served upon him,” the court heard.

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