Director of Public Prosecutions (DPP) Noordin Haji has vowed that he will appeal the decision by a Nairobi court to exonerate billionaire businessman Humphrey Kariuki. 

Kariuki was acquitted on Tuesday with the judge blaming it on the prosecution’s failure to avail witnesses and evidence in the Sh7.4million tax evasion case.

Seemingly the DPP is not done with the tycoon, who also owns The Hub mall in Karen, with two other cases also pending before Milimani Chief Magistrates Francis Andayi and Martha Mutuku.

In one case, he faces charges of failing to pay taxes from sale of alcohol amounting to Sh41 billion, while in the second, Kariuki was charged with possessing un-customed goods and fake custom receipts.

Senior Principal Magistrate Kennedy Cheruiyot acquitted Kariuki and his six co-accused after the DPP failed to provide needed evidence despite the case dragging in court for 16 months now. 

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The seven were set free after Haji failed to provide evidence in the Sh7.4m ethanol case recovered at Kariuki's Africa Spirits Limited and Wow Beverages Limited in Thika town. 

In his decision, Andayi took issue with the DPP and his bid for an indefinite stay order to allow him consolidate his case before the case can proceed terming it unreasonable and unjustified.

However, in a post on Twitter on Wednesday, Office of the DPP (ODPP) faulted the decision saying it will challenge the acquittal at the High Court.

“The fact of the matter is that when the matter came up for hearing on 7th December, 2020, there was a state counsel together with two investigating officers and a prosecution witness in court,” tweeted ODPP.

ODPP went on; “The matter could not however proceed because @ODPP_KE in a letter dated 4/12/20 had written to the Chief Magistrate in Criminal Division requesting for consolidation of all charges in 2 other courts instituted against Kariuki & 7 others.”  

 

This is the latest high-profile cases the DPP has lost for failing to adduce evidence in court. 

The other accused persons acquitted together with Kariuki were his company directors Peter Njenga, Eric Mulwa Nzomba, Kefa Gakure and Robert Thinji Mureithi.