DPP SIGNALS INTENTION TO WITHDRAW CHARGES AGAINST BUSINESSMEN STUART.

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Embattled billionaire Humphrey Kariuki with Stuart Gerald before Milimani Chief Magistrate Court where they pleaded not guilty to the charges on Monday August 19,2019./PHOTO BY S.A.N.

BY SAM ALFAN.

Director of Public Prosecution Noordin Haji has indicated his intention to withdraw a second criminal case against businessman Stuart Gerald Herd who is charged alongside tycoon Humphrey Kariuki.

In a letter dated February 24, Haji through state counsel Carol Sigei urged the trial magistrate Martha Mutuku to withdraw the charges saying that they intend to use Gerald as a witness in the case against Kariuki and co-accused persons.

“The reason for the decision to withdraw the charges against second accused Stuart Gerald Herd is that he will be a suitable prosecution witness on the account of the material evidence availed to the Director of Public Prosecution,”Sigei submitted.

Last month, the court directed the DPP to file the evidence he reviewed before he made his decision to withdraw charges against Gerald.  

But State counsel Sigei said the Magistrate did not specify the manner in which withdrawal should be made, because a decision to prosecute or not, is a discretion given to the DPP.

“We reiterate there will be no ambush in the matter in supplying evidence to accused persons as the same is yet to be done through pre-trial. I would like the court to adopt the letter we filed today citing reasons why the DPP has withdrawn charges against Stuart,” said the DPP.

Through his lawyer Odero Osiemo Gerald supported prosecution arguments and urged the court to find that there was no justifiable reason for his client to be part of the proceedings.

He added that the DPP has powers to withdraw charges. “We urge you to uphold the application by DPP and allow them to withdraw the charges against my client,” he said. 

Lawyer Cecil Miller representing Kariuki was opposed to the DPP’s plea on grounds that they have not complied with the order the court had issued.

“All we require from the DPP is the evidence they reviewed in order for him to change his decision to remove the second accused(Gerald) name from the charge sheet,” said Miller.

In November last year, the DPP dropped charges against Gerald in another case pending before chief Magistrate Francis Andayi.

In August 2019, Gerald appeared in court alongside Kariuki, Wow Beverages directors Robert Thinji Muriithi and Africa Spirits Directors Peter Njenga Kuria and Geoffrey Kaaria Kinoti where they faced a total of 21 counts of tax evasion of Sh 41 billion.

Among the charges they denied included failing to pay tax,fraud, being in possession of counterfeit excise stamps, being in possession of uncustomised goods, being in possession of excisable goods affixed with counterfeit excise stamps, aiding the commission of a tax offence and forgery.

The charges state that between the tax periods February 1,2019 and December 31,2018 being licensed excise duty manufacturer and registered tax payers the accused persons deliberately failed to pay the requisite taxes of Sh 17,782,553,085 payable to KRA. 

They are further accused that on or about January 31,2019 at Africa spirits Limited and Wow Beverages limited premises in Thika town, Kiambu county the accused persons jointly with others not before court conspired to defraud the government of Kenya revenue of Sh 5,704,858 by failing to pay relevant duty for 80 drums of 250 litres each of ethanol found in possession.

The court will deliver its ruling on the same March 19.

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