The KRA has recommended tax evasion charges against businessman Ben Gethi and Josephine Kabura over the Sh791 million allegedly paid from the NYS.

Similar charges were recommended against Directors of M/S Horizon following an inquiry into whether taxes were paid to the government when the amount was paid out.

The amount was allegedly transferred to Kabura through the accounts of her companies - Reinforced Concrete Technologies, Form Home Builders and Roof and All Trading.

In a statement to newsrooms on Monday, Senior Assistant DPP Beatrice Omari said the KRA recommended that they be charged under the Anti-Corruption and Economic Crimes Act and the Anti-Money Laundering Act.

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Embattled businessman Ben Gethi yesterday suffered yet another setback in the case involving the theft of Sh791 million from the National Youth Service (NYS) after the High Court issued fresh orders freezing properties belonging to his associates.

The Assets Recovery Authority (ARA) obtained the order after it filed a fresh suit against eight individuals it suspects of purchasing a number of assets, including three Toyota Prado vehicles, a plot of land in Ruiru valued at Sh4 million and a maisonette in Nairobi’s Kasarani Estate as part of a scheme to launder funds stolen from the NYS.

Sam Mwadime, his wife Susan Mndanyi and Anthony Kihara Gethi, Paul Gachoka, John Vandame, James Kisingo, John Kago and Mr Ben Gethi’s mother Charity are named as respondents in the suit.

Mr Kago, Mr Kihara Gethi and Mr Mwadime have been accused of transferring ownership of the property the ARA is seeking to seize after investigations into the NYS scam began.

ARA director Muthoni Kimani says the three transferred the property after detectives started investigating the Sh791 million theft in a bid to frustrate the recovery of public funds.

Ben Gethi has been charged with forging documents to secure a Sh200 million tender for the supply of solar lanterns to the elections commission.

Gethi was was charged alongside his associate Joyce Makena; the two are directors of M/S Solarmak Technologies that had been contracted to supply 30,000 lanterns.

Their charge sheets says they "jointly conspired to fraudulently alter the substance" of a tender by Solarmak for the supply of the items ahead of the March 4, 2013 general election.

They allegedly committed the offence diverse dates between October 22 and 23, 2012 at Anniversary Towers in Nairobi.

The tender was awarded to their unqualified company as a result but another bidder complained and the Public procurement Appeals Board reversed the decision.

The board reversed IEBC’s tender award to Solarmark after bidder Konnexion Systems argued that Gethi's firm breached procurement rules.