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Businessman Humphrey Kariuki has challenged the prosecution of his tax case by employees of the Kenya Revenue Authority (KRA) citing lack of independence and conflict of interest.
The businessman presented himself in court in August 2019 after the public prosecutor issued a warrant of arrest against him. He was later charged in a Sh41 billion tax scam in offences said to have been committed between February 2016 and December 2018.
The case was later adjourned in June 2021 after Peter Njenga, Kariuki’s co-accused, applied for medical leave.
Addressing the court on Monday, Kariuki’s lawyers, Kioko Kilukumi and Cecil Miller, argued that KRA prosecutors must withdraw from the case to ensure a fair trial.
“The same employees are not only complainants but are also investigators, they are also custodian of some of the exhibits, as such there’s conflict which we feel will lead to unfair trial,” Miller argued.
The court was told that KRA prosecutors will not be independent since they will be pushing to win the case rather than being ministers of justice as required by the law.
The defense lawyers argued that some of the prosecutors are witnesses in the case and have signed some inventories and exhibits to be used in the case and as such will undermine a fair trial.
The KRA prosecutors led by Sheila Sanga however dismissed the objection saying the application at this later hour was meant to delay the trial.
Sanga asked the court to proceed with the case since the defense team had ample time to challenge their appointment by the Director of Public Prosecutions (DPP).
Nairobi Chief Magistrate Wendy Micheni agreed with KRA and ordered the hearing to proceed as scheduled.
The first witness was a flying squad police officer Willy Kipkenda who told the court how he went to the Africa Spirits Limited premises, a business owned by Kariuki, and found a truck with 400 litres of ethanol.
Kariuki welcomed the resumption of the trial saying he hoped justice would be served after a long delay.
“I am pleased that my journey to justice is finally beginning and this long-drawn out judicial process will soon come to an end. I have every confidence in the Kenyan judicial system,” he said.
He added: “I remain confident that I will be vindicated at the end of it, in the spirit of the highest principles of Kenyan justice, and that my innocence will be established once and for all.”
Kariuki termed the charges as spurious saying the matter had been litigated publicly.
“I keenly look forward to the end of this process and get on with my true calling: the task of creating prosperity and jobs,” he said.
Kariuki and Njenga faced charges alongside Robert Mureithi, Simon Maundu and Kefa Gakure in two consolidated cases prosecuted by KRA.
DPP Noordin Haji gave prosecutorial authority to KRA to lead the case against the accused persons.
The DPP brought two tax-related cases against the alcoholic beverages manufacturer –Africa Spirits Limited – and seven others, before bringing KRA on board.
This article was written by Capital FM on 26/10/2021.
