DPP appeals tycoon’s tax evasion acquittal
Monday December 14 2020
By JOSEPH WANGUI
The Director of Public Prosecution (DPP) Noordin Haji has filed an appeal against the decision of a magistrate court to acquit alcohol tycoon Humphrey Kariuki and five others from criminal charges of tax evasion and being in possession of un-customed Sh7.4 million ethanol.
The DPP has termed the decision made by Milimani senior principal Magistrate Kennedy Cheruiyot last week as unfair and the acquittal was without any factual or legal basis.
He wants the High Court to quash or set aside the magistrate s ruling which also acquitted Mr Kariuki’s co-accused Peter Njenga, Robert Thinji, Eric Mulwa, Kepha Gakure, African Spirits and Wow Beverages.
Director of Public Prosecution (DPP) Noordin Haji has appealed against the acquittal of alcohol tycoon Humphrey Kariuki and five others in a case over possession of uncustomed ethanol worth Sh7.4 million.
The DPP has termed last week’s decision by Milimani Senior Principal Magistrate Kennedy Cheruiyot unfair and without any factual or legal basis.
Mr Haji wants the High Court to quash or set aside the ruling which cleared Mr Kariuki and his co-accused Peter Njenga, Robert Thinji, Eric Mulwa, Kepha Gakure, African Spirits Limited and Wow Beverages Limited. We [want] the order of acquittal quashed and/or set aside and [for the court] to declare the prosecution before the magistrate as amounting to a mistrial, Mr Haji says in his petition.
Tycoon Humphrey Kariuki Speaks After Acquittal In Tax Evasion Case
Billionaire tycoon Humphrey Kariuki says his acquittal in a Sh7.4 million tax evasion case is a victory for justice in Kenya.
While acquitting the businessman on Tuesday, Milimani Court Senior Magistrate Kennedy Cheruiyot said the Director of Public Prosecution failed to produce witnesses, 16 months after the suspect was charged.
The proprietor of Africa Spirits Ltd and WOW Beverages Ltd, both based in Thika, later released a statement maintaining that he is a law-abiding citizen.
“Today our courts in Kenya have acquitted me of unfounded charges as a result of the continued failure of the prosecution to produce evidence. I am a great believer in the strength and independence of the judicial system in Kenya, and I have at all times respected and acted in accordance with the decisions of the courts. Today’s decision is a sign that our courts remain robust and effective and it is a victory for justice in Kenya,�