The Director of Public Prosecutions (DPP) Noordin Haji has lost an application seeking to seize or freeze assets associated with two companies linked to billionaire Humprey Kariuki.

This is after Milimani Resident Magistrate Caroline Nzibe reversed an earlier order to trace the assets of WoW Beverages Ltd and Africa Spirits Ltd obtained by DPP and the Directorate of Criminal Investigations saying the action was in breach of the law.

“The application has been brought under wrong procedure since it is civil in nature,” the magistrate ruled. 

Nzibe ruled that the application for restraint should be by the Asset Recovery Agency and an officer can only come in after an order has been received by the agency.

WoW beverages and Africa Spirits Ltd are facing charges of tax evasion amounting to about Sh41 billion together with Kariuki. On August 9 this year, Nzibe allowed the DPP to search buildings, ships, aircraft, bank accounts or boxes belonging to Kariuki,WoW beverages and Africa Spirits Limited.

The DPP was further authorised by court to seize, restrain and  freeze any property or title in respect of a search warrant issued over investigations over money laundering allegations.

Kariuki and his  two companies had earlier filed an application seeking to reverse the orders, saying the court erred in granting the seizing of properties of WoW Beverages Ltd.

                          —  by Nancy Gitonga