Court allows tycoon Humphrey Kariuki to travel for business
Businessman Humphrey Kariuki at the Milimani Law Courts for a ruling on release of his passports amid a Sh41 billion tax evasion case, February 26, 2020. PHOTO | KANYIRI WAHITO | NATION MEDIA GROUP
What you need to know:
- While arguing for release of their client's passports, lawyers Cecil Miller and Rubeena Dar told the court that the businesses require his personal attention.
- Milimani Senior Principal Magistrate Kennedy Cheruiyot agreed with the lawyers, saying Mr Kariuki cannot conduct his international trade by phone.
- He allowed the businessman to travel to Mozambique, the Democratic Republic of Congo and Zambia.
A Nairobi court has allowed billionaire Humphrey Kariuki, who is facing a Sh41 billion tax evasion case, 74 days to travel outside Kenya to attend to his businesses.
While arguing for release of their client's passports, lawyers Cecil Miller and Rubeena Dar told the court that the businesses require his personal attention.
Mr Miller further noted that Mr Kariuki has "religiously adhered to orders and has been turning up for mentions of the three tax related cases against him and others”.
He added that his client has in the past returned his two passports to the court as required.
The billionaire businessman surrendered the documents as a bail condition as his trial in three cases takes place.
THE RULING
Milimani Senior Principal Magistrate Kennedy Cheruiyot agreed with the lawyers, saying Mr Kariuki cannot conduct his international trade by phone.
“Kariuki is an international businessman who requires to travel frequently out of the country to attend to his businesses,” Mr Cheruiyot said.
“I have perused the other files and established that Kariuki has obeyed court orders by returning the passports to the court after temporary release," he added.
He allowed Mr Kariuki to travel to Mozambique, the Democratic Republic of Congo and Zambia.
The businessman has until May 22 to use the passports.
LEGAL RIGHT
In his ruling, the magistrate said the court considered the constitutional requirement for one to be presume innocent until proven guilty.
“In the context of the constitutional requirement of presumption of innocence, I find no reason why Kariuki’s personal business engagements should be restricted,” Mr Cheruiyot.
The magistrate also noted that the prosecution did not oppose release of the two travel documents.
“I direct that his two passports be released to allow him travel abroad as may be necessary,” Mr Cheruiyot said.
He asked the businessman to avail a surety to stand bail for him and attend court when required.
THE BUSINESSES
Kariuki had applied for release of his Kenyan and Cypriot passports so he could travel for business purposes.
The reclusive billionaire is said to have vast interests in the beverages, energy, real estate and hospitality sectors, under Janus Continental Group.
Entities associated with Mr Kariuki include fuel distributor Dalbit Petroleum and Great Lakes Energy, a company that Forbes reports was awarded Sh40 billion by the Mozambican government for an energy project.
He also owns The Hub shopping mall in Karen, Nairobi, and Fairmont Mount Kenya Safari Club in Nanyuki as well as Africa Spirits Limited and Wow Beverages Limited in Thika.
Mr Kariuki, who is charged alongside eight people, has denied charges of failing to pay Sh 41 billion in taxes, having 80 250-litres drums of ethanol worth Sh7,402,985 with payment of relevant duty and being in possession of counterfeit excise duty stamps in Thika.
