BY SAM ALFAN.
A Nairobi Court has suspended orders issued for seizure of movable property for companies associated with billionaire Humphrey Kariuki, pending conclusion of investigation being carried by Directorate of Criminal Investigation.
Milimani Resident Magistrate Muthoni Nzibe suspended the decision after Kariuki, Africa Spirits Limited and Wow Beverages Limited filed application under certificate of urgency claiming orders issued on August 9, have the effect of shutting down, crippling and ruining the operations of Wow Beverages Limited.
The court had issued orders authorizing Chief Inspector Peter Oruko to search places building, ships, aircrafts (PC12 ZS-TDL and Bombardier T7-DNK, vehicles, companies and boxes belong to Kariuki and the two companies.
They argued that court erred in granting permanent orders for seizure, without hearing the parties affected by the order.
They also sought to have Oruko to forthwith and their own costs and restore back any property that they may have seized and detained, following the order obtained on August 9, 2019.
“The properties the subject of the final and adverse orders issued ex-parte on August 9,2019 are not the subject any of the three cases before Nairobi Chief Magistrate criminal cases Number 1333, 1334 and 1342 of 2019 as alleged in the application dated August 9,2019”, said the three.
They argued that none of assets sought to be searched, detained, frozen or preserved are subject of any of the criminal cases before the court.
The court heard that the large portion of Wow Beverages Limited assets sought to be seized and detained were acquired before the period in which the charges alleged in the three criminal cases and the property were acquired well before the proceeds of crimes and Anti-Money laundering Act came to force.
He said Director of Public Prosecution application was in bad faith, contrary to the administration of justice and he usurp powers not vested to him.
Through his lawyer added that there was no evidence of any risk of dissipation of any of the assets placed before the court or at all and the orders issued August 9, 2019 were meant only to shut down the operations and business of the Wow Beverages Limited unjustly.
He further claimed the court had no jurisdiction in granting the orders issued on August 9, were meant only to shut down the operations and business of the company. He termed the orders excessive, punitive and unjustified harm, loss, damage and prejudice to Wow Beverages limited.
Wow Beverages limited engages exclusively in importation and distribution of finished alcoholic and non-alcoholic products which is registered for tax purposes under a unique Pin No. P051115864C as provided in law.
