In an apparent twist of the hunter becoming the hunted, forgery claims have been levelled against the Office of the Director of Public Prosecution (DPP), Noordin Haji.
The Standard newspaper, on Thursday, reported that WOW Beverages Limited, through lawyer Benjamin Musyoka told Chief Magistrate Francis Andayi that the DPP forged a court order to stop the company from operating its accounts and used false documents to bring up charges of tax evasion amounting to Ksh41 billion.
This was in relation to the recent arraignment of WOW Beverages Director, Humphrey Kariuki, who is facing charges of tax evasion.
Musyoki stated that when the magistrate ordered the company to deposit a cash bail of Ksh20 million on Monday, its officers rushed to the bank to transfer the amount.
Upon getting to the bank, they were shocked to learn that the bank managers had been served with an order to stop the transaction.
The lawyer claimed that earlier, the DPP's attempt to obtain a court order to freeze the bank accounts had amounted to naught, as the presiding magistrate refused to give the order.
"The DPP deliberately forged the order in retaliation after the court dismissed his application. It was done in bad faith and secretly to defeat the course of justice, after realizing that they have nothing to support the charges," he alleged.
He further accused the DPP of bringing up the tax evasion charges despite being aware that the firm had complied with all tax obligations.
The lawyer asserted that the company had supplied the office of the prosecutor with KRA tax compliance certificates when the investigating officer demanded it.
In spite of the evidence to the contrary, the office of the DPP went ahead and prosecuted the company.
Magistrate Andayi, terming the matter weighty, directed the company to launch a formal complaint to allow the DPP to make a response.
The hearing has been slated for September 5.
