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 Sh41 billion tax evasion case.
Milimani Chief Magistrate Wendy Kagendo dismissed the application terming it a “sideshow” by the defence.
At the same time, Kagendo dismissed the second application by the defence challenging the format of the charge sheet.
The tycoon, through lawyers Kioko Kilukumi and Cecil Miller had raised objection arguing that it emanated from the police and not the office of Director of Public Prosecution (DPP), as required by law.
In the case, Kariuki, ASL, Wow Beverages Limited, Peter Njenga Kuria, Robert Ithinji Muriithi, Geoffrey Kaaria Kinoti Mbobu, Simon Maundu, Eric Mulwa and Kepha Githu Gakure have denied failing to remit the alleged taxes between 2016 and 2018.
However, the prosecutors have 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 gazetted to prosecute the matters.