This archive report was first published on 10 September 2019.
On August 9, 2019, the Director of Public Prosecution filed an application in Nairobi to freeze the bank accounts of Africa Spirits Limited, owned by tycoon Humphrey Kariuki, over Sh41 billion tax evasion claims. However, the court declined the application, leading the DPP to file a similar application in Kiambu on August 16, 2019, where they obtained orders freezing the accounts for 90 days.
According to Cecil Miller, the lawyer representing Africa Spirits Limited, the order in Kiambu was issued without other affected parties being enjoined in the case or being notified of the existence of the case, contrary to the rules of natural justice. Miller argued that the court in Kiambu was misled to freeze the accounts since the DPP failed to disclose the existence of a similar case before the Milimani High Court.
“The prayers sought did not include the preservation of bank accounts, yet the orders extracted included the preservation of bank accounts of persons not made parties to the application for a period of 90 days,” Miller argued.
Assistant Director of Public Prosecution Catherine Mwaniki, however, told the court that the DPP was not ready to proceed with the case since the magistrates from Nairobi and Kiambu who are listed as respondents in the matter were not represented in court by the Attorney General.
Justice Jessie Lessit gave the DPP five days to file a response and directed the company’s lawyer to serve all parties listed in the suit. This was the second time the billionaire businessman and his companies were moving to court to save his mega business empires in Thika town after being charged with Sh41 billion tax evasion claims.
