UPDATE Thursday, March 12: Africa Spirits billionaire Humphrey Kariuki has won back his passports temporarily and allowed to travel abroad after they were deposited in September 2019 when he was released on bail.
He was allowed to hold on to the passport for slightly over two months and expected to return it to the court on Friday, May 22.
The billionaire businessman had, through lawyer Cecil Miller, applied to have his Cypriot passports released from custody.
Embattled Africa Spirits billionaire Humprey Kariuki has won another round of battle with DPP Noordin Haji.
A Nairobi court, on Thursday, September 19, ordered the passports belonging to the billionaire be returned to enable him to travel abroad for business.
Milimani Senior Principal Magistrate Kennedy Cheruiyot directed the release of the travel documents stating that Kariuki had voluntarily presented himself to investigators when he learnt he was being sought for questioning.
“I find that the accused person presented himself to the Director of Criminal Investigations (DCI) when required to do so even though he was out of the country at the time,” Cheruiyot noted.
This application was filed by Kariuki's lawyer Cecil Miller who is appearing together with Ben Nzakyo and Rubeena Dar.
The lawyer assured the court that his client would always present himself in court when required during the course of the three cases that the DPP has filed against him.
“Kariuki exhibited good conduct by surrendering himself to the DCI when he learnt that he was required to record a statement and eventually be charged,” Miller submitted in court.
During the ruling, the magistrate noted that the prosecution did not object the release of the travel documents to the accused who is facing charges together with eight others.
“In the context of the constitutional requirement of presumption of innocence, I find no reason why Kariuki’s personal business engagements should be restricted,
“I direct that his two passports be released to him allow him to travel abroad as may be necessary,” Cheruiyot maintained in his ruling.
The magistrate though ordered that Kariuki deposits a stand-in bail for himself and undertake that the accused attend all court sessions when required.
This ruling came barely a week after a Kiambu court lifted the freeze order on accounts belonging to the billionaire's companies.
