Tycoon Humphrey Kariuki walks free in tax evasion case
By Nancy Gitonga, December 9, 2020
Billionaire businessman Humphrey Kariuki and five others were yesterday acquitted of charges of tax evasion and being in possession of uncustomed ethanol worth Sh7.4 million.
While freeing Kariuki and Wow Beverages directors Robert Thinji Muriithi and Africa Spirits directors Peter Njenga Kuria, Geoffrey Kaaria Kinoti, Eric Mulwa and Kepha Githu Gakure, Milimani senior principal Magistrate Kennedy Cheruiyot faulted the office of the Director of Public Prosecutions (DPP) for failing to avail evidence yet the case had been pending in court for 16 months.
“The prosecution is not ready to present any evidence, even after being given three days to do so, this court is only left with no option other than to invoke the provisions of Section 202 of the Criminal Procedure Code,” said the Magistrate
The provision provides that if, the complainant having had notice of the time and place appointed for the hearing of the charge, does not appear, the court shall then acquit the accused, unless for some reason it thinks it proper to adjourn the hearing of the case until some other date.
The move to discharge the accused person came after the magistrate declined to allow further adjournment as sought by the DPP on Monday to allow him consolidate the case with other two cases pending before different courts.
The accusations
The magistrate also concurred with the defence lawyers led by Kioko Kilukumi and Cecil Miller that the application by DPP to stay the proceedings is unreasonable and unjustified and further held that it is against the public interest and interest of justice to adjourn this case as sought by the prosecution.
It is alleged that in January last year at Africa Spirits and Wow Beverages within Thika town in Kiambu county, Kariuki and his co-accused were found in possession of 80 drums of 250 litres each of ethanol valued at Sh7.4 million inside a trailer truck without payment of the relevant duty.
The other two cases are, however, pending before Magistrates Francis Andayi and Martha Mutuku.