The Director of Public Prosecution wants to recuse himself from the criminal case of billionaire Humphrey Kariuki.
Through prosecutor Carol Sigei DPP Noordin Haji told Chief Magistrate Francis Andayi that three Kenya Revenue Authority prosecutors have been gazetted to handle the case against Kariuki and his co accused.
The three prosecutors are Sheila Sandra, Peter Mwenda and Irene Muthee.
In their response, Kariuki’s lawyer Kioko Kilukumi questioned whether the DPP can recuse himself from his mandates saying all prosecutorial powers belong to the office of the chief prosecutor. “That is the constitutional issue we are raising,” said Kilukumi.
However tha DPP claimed that he has not recused himself fully from the case as he will be monitoring the matter despite the case being prosecuted by the KRA prosecutors.
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Kariuki and his co-accused persons- Peter Njenga Kuria (director Africa Spirits Limited), Robert Thinji Murithi (director, WOW Beverages), Geoffrey Kaaria (director, Africa Spirits Limited), Kepha Gakure (tax manager, Africa Spirits), Simon Maundu and the two companies were charged afresh with tax evasion charges after their files were consolidated.
The accused persons are charged with eleven counts of failure to pay taxes for the year 2016 to 2019, aiding the commission of a tax offence, fraud in relation to tax and being in possession of excisable goods affixed with counterfeit excise stamps.
