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Court Declines to Restore Freeze Orders in Humphrey Kariuki Case

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Nyakundi Report

Newsroom 1 min read

This archive report was first published on 18 September 2019.

On September 18, 2019, the High Court declined a plea by the Director of Public Prosecution to reinstate orders freezing the accounts of nine companies associated with billionaire businessman Humphrey Kariuki.

Justice Luka Kimaru, who is hearing a case filed by Mr Kariuki's Africa Spirits Limited (ASL), stated that he would not issue any orders since some issues in contention had not been canvassed.

State prosecutor Catherine Mwaniki urged Justice Kariuki to preserve the cash in those accounts, citing a Kiambu Magistrate's decision to lift the orders preserving the accounts.

However, lawyer Cecil Miller and Benjamin Musyoki opposed the request, arguing that ASL was hurt by the freeze orders and that the companies involved were suffering due to the lack of access to their funds.

The Kenya Revenue Authority has issued a notice to auction ASL over alleged non-remittance of taxes, further exacerbating the situation.

The case will be heard on September 24, with the judge allowing the DPP to file written submissions and answer affidavits filed by the KRA and other parties in the case.

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