African Spirits Limited has moved to the court challenging a court order against them that had been sought by the DPP.
The order given by a Kiambu Law court froze the company and 9 other companies affiliated with Humphrey Kariuki from accessing their bank accounts
African Spirits Limited challenged the order on grounds that at the given time it was illegal, unlawful, incorrect and improper as it purported to freeze bank accounts of persons who were not parties to the application that the DPP had made to freeze Humphrey Kariuki bank accounts.
The firm through its lawyer Benjamin Musyoki also averred that the order freezing their bank accounts at the Kenya Commercial Bank(KCB) and National Bank respectively for a time frame of 90 days was issued at Kiambu on the 16 August, 2019 after a similar request had been rejected on 9 August, 2019 by the Milimani Law Courts resident magistrate Caroline Nzibe.
The bank accounts have been frozen as DCI wanted to investigate into failure by business man Humphrey Kariuki to remit taxes amounting to Ksh.41 Billion to the Kenya Revenue Authority (KRA).
Through its other lawyer Cecil Miller, the company told Justice Jessie Lessit that the request challenging the court order was urgent. The veteran lawyer further affirmed that the court order obtained by the DPP has affected the other parties and had caused great injustice to the innocent parties linked to Humphrey Kariuki and as such workers in those companies were yet to be paid their wages.’
Mr. Miller opined that these innocent parties were not subject to the criminal case pending before Magistrate Martha Mutuku of Milimani Chief Magistrates court and as such the court ought to suspend the criminal cases concerning Humphrey Kariuki’s tax evasion at both Milimani and Thika law courts.
The lawyer further observed that in the case which the DPP presented before the Kiambu Court, the DPP concealed material facts such as the existence of a similar application in Milimani law courts. The DPP also ignored to adjoin the company as the affected party in the case. Both actions tantamount to an abuse of the legal process by the office of the DPP. Moreover, the order that was sought by the DPP did not include the preservation of bank accounts whereas the orders that were extracted include the preservation of bank accounts or persons not made parties to the application for a period of 90 days.
The matter is scheduled back in court on September 17, 2019 as the Magistrates from Nairobi and Kiambu who are listed as respondents in the matter were not represented in the court by the Attroney General.
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