Wavinya Ndeti’s Brother, MCA Wife Arraigned Over Ksh 387M Tax Fraud Scheme

Vincent Somba Ndeti, the brother of Machakos governor Wavinya Ndeti, has been arraigned at the Milimani Law Courts alongside his wife, Helen Mueni Ndeti, a nominated Machakos MCA, over an alleged tax fraud scheme amounting to more than Ksh 387 million.

The two appeared before the court facing multiple counts of fraud in relation to tax under the Tax Procedures Act 2015.

According to court proceedings, the accused were charged alongside Solenti International Ltd, a company registered under CPR 2013-92629 and listed as a taxpayer with the Kenya Revenue Authority.

The prosecution alleges that the duo, “jointly with others not before the court, knowingly and unlawfully made incorrect statements” in both income tax and value-added tax (VAT) returns over multiple financial years.

However, a point of contention emerged in court, with the defence arguing that the two accused persons are not directors of Solenti International Ltd, raising questions over their direct liability in the company’s tax filings.

Count One: Alleged False Income Tax Returns (2019)

The first charge states that on or before June 30, 2020, the accused allegedly filed incorrect income tax returns for 2019 by claiming fictitious purchases amounting to Ksh 2,090,960.

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This, the court heard, reduced their tax liability by Ksh 782,586.

When asked to respond, both accused firmly denied the charge:

“Is it true Vincent Somba?”- “No.”

“Helen Mueni, is it true?”- “No.”

Count Two: VAT Irregularities

In the second count, the court heard that between February 2019 and January 2020, the accused allegedly made false VAT declarations by claiming fictitious purchases worth Ksh 3,074,760.

This reportedly reduced VAT liability by Ksh 491,962.

Both Somba and Mueni again denied the allegations in court.

Count Three & Four: Under-Declaration of Income (2020)

The prosecution further accused the pair of under-declaring income for the year 2020 by over Ksh 2.4 million while also claiming fictitious purchases.

In one instance, it is alleged this led to a reduction in income tax liability by over Ksh 55 million. Another charge claims reduced VAT liability by more than Ksh 51 million.

Despite the seriousness of the figures, both accused maintained their innocence:

“Is it true Vincent Somba Ndeti?”- “No.”

“Is it true Helen Mueni?”- “No.”

Count Five & Six: Continued Alleged Tax Fraud into 2022

Additional charges allege similar offences extending into 2021 and 2022, including filing incorrect income tax returns and under-declaring income, leading to a tax liability reduction of over KSh 119 million.

The court also heard that the offences were allegedly committed “knowingly and unlawfully” over several tax periods.

Defence Raises Key Objection

During proceedings, the defence pushed back against the prosecution’s claims, stating:

“The two accused persons are not directors of Solenti, so they cannot even be of Solenti.”

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This argument could become central as the case progresses, particularly in determining responsibility for the company’s tax filings.

Case to Proceed

Despite the objections raised, the court allowed proceedings to continue, with both accused persons pleading not guilty to all charges.

The case is expected to proceed with further hearings as the prosecution seeks to substantiate claims of a multi-million-shilling tax fraud scheme.

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Vincent Somba Ndeti together with his wife MCA Hellen Mueni Ndeti arraigned at the Milimani Law Courts
PHOTO/Screengrab