Billionaire Humphrey Kariuki says yet to be supplied with evidence over a year later

Liquor manufacturer and tycoon Humphrey Kariuki yesterday complained in court that he is yet to be supplied with witness statements 14 months after he was arraigned in a Sh41 billion tax evasion case.

Mr Kariuki, the proprietor of Thika based Africa Spirits Limited (ASL) and Wow Beverages Limited (WBL), urged chief magistrate Francis Andayi to intervene and compel the Director of Public Prosecutions (DPP) to supply him with exhibits and witness statements to prepare his defence.

The brewer, alongside directors of the two companies - Stuart Gerald, Peter Njenga, Robert Thinji, Simon Maundu and Kaaria Kinoti - lamented that they were rushed to court and still do not know understand the case against them.

Defence lawyers Kioko Kilukumi, Cecil Miller and Rubeen Dar told Mr Andayi that they have written to the DPP requesting copies of statements and exhibits to prepare the businessman's defence.

Other lawyers - Ben Nzakyo, Manases Mwangi, Benjamin Musyoki and Wilfred Nderitu - echoed the sentiments of the State's non-compliance with court orders.

The magistrate heard that the prosecution has failed to comply with court orders issued back in February 2020 requiring it to disclose fully, through evidence, the facts of the charges filed against the accused.

“One year after investigations began and seven months after taking plea, the Director of Public Prosecutions has not supplied us with all the witness statements and exhibits,” Mr Kilukumi told Mr Andayi.

“Your honour, the prosecution must provide the defence with all the evidence including incriminating and exculpatory evidence,” he added. 

But State counsel Caroline Sigei defended the DPP saying they have complied with the court orders in supply of the documents they wish to rely on.  

Covid-19

However, Ms Sigei told the court that they had difficulties responding to letters written by some of the defence counsel seeking further documents due to the Covid-19 pandemic.

Ms Sigei further told the court that the prosecution team was unable to meet with defence lawyers due to coronavirus measures that led to closure of the Milimani Law Courts.

“Your honour, we need time for disclosure since we have had several activities touching on this matter including scene visits, scaling down of operations due to Covid-19 and also the closure of Milimani Courts,” she said.

Mr Andayi fixed the case for further mention and directions on October 21, 2020.