Businessman Humphrey Kariuki wants cases facing him in court dealt with without delay.
Kariuki said he respects a decision by the court to consolidate two of the cases he is facing.
“I note the court’s ruling which allowed the DPP’s application to consolidate two cases, 1333/19 and 1342/19, and ordered him to prepare and serve an amended and consolidated charge sheet by April 13,” Kariuki said in a statement yesterday.
“I respect the court’s decision. I hope that the consolidation does not impede the progress of hearings according to the previously agreed time-table,” he added.
On Thursday, a magistrate's court declined to set aside orders requiring the state to release the premises of Africa Spirits Limited factory which is facing a Sh41 billion tax evasion case alongside Kariuki.
Magistrate Francis Andayi in dismissing the application by the DPP challenging the handing over of the Thika-based factory said it lacked merit.
"The present application by the state is an afterthought whose purpose I do not understand. I find the application is without merit and is dismissed," he said.
The DPP wanted the orders of the court reviewed on grounds that handing over the premises to its owners will prejudice the case as it holds exhibits which are yet to be produced in court for trial.
The DPP also argued that it was premature for the court to grant orders for handing over the premises.
The court also allowed an application by the state to have the tax evasion case consolidated with another similar matter pending before magistrate Martha Mutuku.
In the case, Kariuki , ASL , Wow Beverages Limited, Peter Njenga Kuria, Robert Ithinji Muriithi, Geoffrey Kaaria Kinoti Mbobu, Simon Maundu, Eric Mulwa and Kepha Githu Gakure have denied failing to remit the alleged taxes between 2016 and 2018.
In December, a Nairobi court acquitted Kariuki in a case where he was charged with being in possession of 80 drums of unaccustomed ethanol worth Sh7.4 million.
The ethanol was found at his Thika Town beer factories –ASL and WBL.
While acquitting the businessman, Senior magistrate Kennedy Cheruiyot said the office of the DPP had not provided evidence yet the case has been pending in court for 16 months.
Cheruiyot cleared Kariuki alongside six other people, including ASL and WBL directors Peter Njenga, Robert Thinji Mureithi, Eric Mulwa Nzomba and Kefa Gakure.
Defence lawyers Kioko kilukumi, Cecil Miller and Philip Murgor had asked the court to invoke section 202 of the Criminal Procedure Code and acquit the accused.
“On December 8, 2020, the courts acquitted me in one of the cases in a clear statement that the prosecution’s attempts to delay proceedings were a violation of my right to have a fair trial without unreasonable delay,” Kariuki said in his statement yesterday.
“I will continue to work towards my vision to empower Africa’s people, to unlock value in the Kenyan economy and across the continent and to encourage other African investors to invest in Africa,” he added.
-Edited by Sarah Kanyara