BY SAM ALFAN.
Tycoon Humphrey Kariuki has suffered a major blow after a Nairobi court dismissed an application challenging the gazettement of a prosecutor from Kenya Revenue Authority (KRA) to handle his tax evasion case.
Milimani Chief Magistrate Wendy Kagendo dismissed the application despite argument from the billionaire that the KRA prosecutor will not be objective. The magistrate dismissed the application saying she will not entertain sideshows.
The tycoon through lawyers Kioko Kilukumi and Cecil Miller also challenged the format of the charge sheet in instituting the case, arguing that it emanated from the police and not office of Director of Public Prosecution, as required by law.
The prosecutors vehemently opposed Kariuki’s application saying it was an attempt to seek stay through the back door.
Further, the court heard that the prosecutors have been handling his tax evasion cases, after being gazette to prosecute the matters.
They added that since their gazettement on March 15, Kariuki has never challenged their appointment but waited until the day the trial was about to start.
The court heard that the timing was suspect and one of the strategies by the defence team to adjourn the matter.
The prosecution said it was ready to proceed with the hearing before the defence lawyers made the application.
The hearing proceeded after the ruling.
