Kenya

Court declines to restore freeze orders in Humphrey Kariuki case

Court declines to restore freeze orders in Humphrey Kariuki case

In Summary

  • Justice Luka Kimaru, who is hearing a case filed by Mr Kariuki's Africa Spirits Limited, said he will not issue any orders since some issues in contention have not been canvassed.
  • But lawyer Cecil Miller and Benjamin Musyoki opposed the request saying ASL was hurt by the freeze orders.
  • Mr Miller further said the magistrate in Kiambu lifted the orders since they had not been sought by the DPP and the Directorate of Criminal Investigations.

The High Court has turned down 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), said he will not issue any orders since some issues in contention have not been canvassed.

State prosecutor Catherine Mwaniki urged Justice Kariuki to preserve the cash in those accounts.

Ms Mwaniki said a Kiambu Magistrate lifted the orders preserving the accounts thereby exposing them.

ARGUMENTS

But lawyer Cecil Miller and Benjamin Musyoki opposed the request saying ASL was hurt by the freeze orders.

Mr Miller further said the magistrate in Kiambu lifted the orders since they had not been sought by the DPP and the Directorate of Criminal Investigations.

He also noted that the companies involved are suffering and that the Kenya Revenue Authority has issued a notice to auction ASL over alleged non-remittance of taxes.

Mr Miller also noted that some contentious matters had not been discussed.

He added the litigious nature of the issue of frozen accounts of companies which are not part of the criminal cases.

The case will be heard on September 24

The judge allowed the DPP to file written submissions and answer affidavits filed by the KRA and other parties in the case.