On Tuesday, October 22, a Nairobi court-ordered Director of Public Prosecutions Noordin Haji to furnish the defence team of billionaire Humphrey Kariuki with hard copies of witness statements by December 5, 2019.
Kariuki, a tycoon with investments in the alcohol industry, is facing tax evasion charges totalling Ksh41 billion.
On Thursday, September 5, the DPP through Assistant Director of Public Prosecution Vincent Monda, pleaded with Senior Principal Magistrate Martha Mutuku for 21 more days, to enable the prosecution compile and supply the witness statements to the defence.
The October 22 ruling by a Nairobi court raised critical questions on whether DPP Haji was well prepared for the court battle against Kariuki.
Speaking to Kenyans.co.ke lawyer Apollo Mboya stated that a trial can not begin unless the prosecution has provided the defence team with all the witness statements.
The prosecution told the court during the October 5 mention hearing that they had supplied part of the witness statements to Kariuki and his team.
Monda, the assistant DPP, argued that the witness statements in question were in large volumes.
In turn lawyers, Kioko Kilukumi and Cecil Miller who represent Kariuki admitted that they were supplied with only 27 witnesses statements on September 4.
If the tax evasion case against Kariuki fails to proceed to trial, then the state will lose Ksh 41 billion in taxes that it claimed Kariuki did not remit.
DPP Haji approved the tax evasion charges against Kariuki on Thursday, August 8.
According to him, a Kenya Revenue Authority audit revealed that Africa Spirits Limited and WOW Beverages Limited, which are linked to the businessman, evaded tax between 2014 and 2019.
