This archive report was first published on 19 December 2019.
On December 19, 2019, a Kenyan court dealt a blow to the Director of Public Prosecutions (DPP) Noordin Haji's efforts to freeze assets of two companies associated with billionaire Humphrey Kariuki.
The application, filed by Haji, sought to freeze assets of Wow Beverages Ltd and Africa Spirits Ltd, citing tax evasion charges against Kariuki.
However, Milimani Senior Resident Magistrate Elector Riany ruled that the application was wrongfully filed, stating that the case was civil in nature and not criminal.
"The application has been filed using the wrong procedure," said Ms Riany.
She further argued that Haji and other state officials should have gone through the Asset Recovery Agency before filing the seizure application.
It is worth noting that on August 9, 2019, Milimani Resident Magistrate Caroline Nzibe had granted Haji and Directorate of Criminal Investigations (DCI) boss George Kinoti orders to trace the assets of both companies.
However, Kariuki's lawyers, Benjamin Musyoki and Cecil Miller, appealed the orders to the senior resident magistrate court, arguing that they would cripple both companies and were obtained in bad faith.
