REPRIEVE FOR BUSINESSMAN HUMPHREY KARIUKI AS COURTS UNFREEZES FIRM’S ACCOUNTS.

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Embattled billionaire Humphrey Kariuki before a Nairobi Court./PHOTO BY S.A.N.

BY SAM ALFAN.

Firms related to businessman Humphrey Kariuki have been allowed to access millions held in several bank accounts after a judge found that the police breached the law.

Justice Luka Kimaru ruled the DCI breached a court order issued by the Kiambu magistrate court, freezing the accounts.

Judge Kimaru noted that the order to freeze the bank accounts was obtained illegally since it was never sought in the application lodged by the Director of Public Prosecution and the DCI.

”The application filed by the Respondents before the Kiambu Chief Magistrate’s Court in Kiambu Chief Magistrate’s Court Miscellaneous Criminal Case No.367 of 2019 is hereby brought to this court for the purposes of revision. The same is revised as it was filed in breach of the law,” the judge ruled.

The court noted that DCI erred in dealing with tax related matters. “It is evident that there was an element of jurisdictional overreach by the Directorate of Criminal Investigations on matters which are statutorily under the jurisdiction of the Asset Recovery Authority and the Kenya Revenue Authority,” the court observed.

Further court ruled DCI and the DPP cannot seek to benefit from an illegality and claim to have been acting in public interest.

The court ruled that Africa Sprits Limited, which was represented by a team of lawyers led by Cecil Miller had proved that other firms associated with Kariuki, whose accounts were illegally frozen, were never served with the order as required. He ruled that the accounts should be accessed.

The Judge said the companies were never given a fair hearing when the DCI moved to court adding that DPP and DCI were to serve the parties but the same was never done.

”That was in clear breach to the fair trial provisions of the Constitution specifically Article 50(2) that requires them to be informed of any adverse action that may be taken against them, ’court ruled.

Last month the DPP obtained orders freezing accounts of the businessman. The DCI and DPP then said they required access to the said bank accounts to facilitate investigations into the commission of the offence of failure to pay tax.

The businessman then filed a case challenging the same arguing that the orders were illegal because they were issued without affording him a hearing.

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