DPP withdraws charges against Humphrey Kariuki’s co-accused, makes him witness

Stuart Gerald Herd (middle) and his co-accused before court at a previous date

The Director of Public Prosecution has withdrawn charges against Stuart Gerald Herd, a businessman who is charged alongside tycoon Humphrey Kariuki.

Through a letter dated 24th February, trial Magistrate Martha Mutuku heard that the prosecution intends to use Herd as their witness. 

“The reason for the decision to withdraw the charges against second accused Stuart Gerald Herd is that he will be a suitable prosecution witness on the account of the material evidence availed to the Director of Public Prosecution,” said state counsel Carol sigei.

The state was complying with the court”s directions given the last time they were in court, that is, to give the reason for withdrawal of  the charges.

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Herd and Kariuki are charged alongside Peter Njenga Kuria, Robert Thinji Muriithi, Geoffrey Kaaria Githinji, Simon Maundu, Kepha Githu Gakure, Africa Spirits Limited and Wow Beverages limited with Sh 40 billion tax evasion.

They also face charges of being in possession of uncustomed goods valued at Sh 7.4 million and conspiring to defraud the government of Kenya tax of Sh 5.7 million and being in possession of 12 reels of counterfeit excise stamps, five counts of aiding commission of a tax offence, four counts of being in possession of excisable goods a fixed with counterfeit excise stamps