Blow for DPP as court declines to close Africa Spirit and WOW beverages ltd

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A Nairobi court has declined to set aside orders allowing the re-opening of Africa Spirits Limited and WOW Beverages limited.

In his ruling Chief Magistrate Francis Andayi dismissed the application by the Prosecution to reverse the said order on grounds that he has no juridictions.

“This court lacks jurisdiction to grant the orders sought by the prosecution and there is no new evidence brought before this court by the Investigating officer to vary the orders,” ruled Andayi.

According to the magistrate, the application by the Prosecution is an afterthought thought whose reasons are not clear to the court.

In November last year, the court granted the directors of the two companies access to their premises and reopening of the liquor firms.

However, the DPP filed an application seeking to vary the same orders on grounds that the release of the premises back to the directors will jeopardize the ongoing cases in court since the goods in the said premises are exhibits in the case.

The directors had alleged that there had been theft at the said firms which were being guarded by police officers. The directors are facing criminal cases involving tax evasion.