RIGHT TO FREE SPEECH

DPP seeks to gag Humphrey Kariuki on presser

Tycoon tweeted inviting media for a press conference outside the court after his mention on Monday

In Summary

• Chief magistrate declines to give direction after defence counsel cites constitutional right to free speech. She says applications should be made to the trial magistrate. 

• After court session, Kariuki and his legal team refused to comment.

Businessman Humphrey Kariuki before chief magistrate Francis Andayi at the Milimani law court on August 19
'CONSTITUTIONAL RIGHT': Businessman Humphrey Kariuki before chief magistrate Francis Andayi at the Milimani law court on August 19
Image: ENOS TECHE

Billionaire Humphrey Kariuki on Monday was legally gagged because the DPP didn't like his invitation to a press conference outside the Milimani courts.

DPP Noordin Haji objected to Kariuki's posts on social media. 

In the tweet, the businessman said he was expected to address the media on Monday at 9am at the courts immediately after the mention of his Sh41 billion tax evasion case. 

 

He denies the charges.

In court, the DPP through his assistant Vincent Monda, requested chief magistrate Martha Mutuku to order that there be no comments outside the courts on the three cases facing the accused persons. 

However, Kariuki's lawyer, Kioko Kilukumi, objected to the application to gag his client saying the Constitution allows all persons a right to express themselves so long as they don’t offend the sub judice rule.

Mutuku agreed with Kilukumi and declined to give any directions. She said she is not the trial magistrate and directed that any application be made to trial magistrate Francis Andayi.

After the court session, Kariuki and his legal team through lawyer Cecil Miller refused to comment.

"We have nothing much to say, other than we will be coming back again on September 5 for further mention," Miller said.

Kariuki and his co-accused appeared in court for a routine mention of the case.  The prosecution confirmed they are yet to supply the defence with witness statements and exhibits.

 

The court has summoned the investigating officer to appear on Friday to confirm if they have complied with the orders issued on August 16 to supply the defence with all documents.

Defence lawyers protested that the office of DCI and DPP failed to supply them with the evidence.

The city billionaire is facing charges of tax evasion amounting to more than Sh41 billion by Africa Spirits and Wow Beverages in Thika.

Kariuki, Wow Beverages directors Stuart Gerald Herd and Robert Thinji Muriithi and Africa Spirits Directors Peter Njenga Kuria and Geoffrey Kaaria Kinoti Mbombua are facing 21 counts of tax evasion and being in possession of counterfeit excise duty stamps.

They are each out on Sh10 million bail. 

Edited by R.Wamochie  

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