Tycoon Humphrey Kariuki's company accuse DPP of forging court order

Businessman Humprey Kariuki in the dock at Milimani court where he was charged with failing to pay tax. [George Njunge/Standard]

A company owned by billionaire businessman Humphrey Kariuki has kicked a storm within the office of Director of Public Prosecutions (DPP) over claims of forgery.

Wow Beverages Limited through lawyer Benjamin Musyoki told Chief Magistrate Francis Andayi that the DPP forged a court order to stop the company from operating its accounts and used fake documents to bring up charges of tax evasion amounting to Sh41 billion.

Mr Musyoki stated that when the magistrate directed the company on Monday to deposit a cash bail of Sh20 million, they rushed to the bank to transfer the amount only to find that the DPP had served the bank managers with an order to stop the transaction.

“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 realising they have nothing to support the charges,” he said.

Tax obligations

According to the lawyer, the DPP had previously made an application to freeze the accounts but the court declined to issue the order.

He accused the DPP of bringing up the charges despite being aware that the firm had complied with all tax obligations and even supplied the Kenya Revenue Authority with a tax compliance certificate when investigators requested for the information.

Mr Andayi, however, stated that the issues raised by the company were so weighty and directed that they make a formal application to allow the DPP to make a response.

The hearing is set to commence on September 5.