A magistrate's court has declined to set aside orders requiring the state to release the premises of Africa Spirits Limited (ASL) factory which is facing a Sh41 billion tax evasion case alongside billionaire Humphrey Kariuki.
Magistrate Francis Andayi in dismissing the the application by the DPP challenging the handing over of the Thika Based factory said it lacked merit.
"The present application by the state is an afterthought whose purpose I do not understand. I find application is without merit and is dismissed," he said.
The DPP wanted the orders of the court reviewed on grounds that handing over the premises to its owners will prejudice the case as it holds exhibits which are yet to be produced in court for trial.
The DPP also argued that it was premature for the court to grant orders for handing over the premises.
At the same time, the court allowed an application by the state to have the tax evasion case consolidated with another similar matter pending before Magistrate Martha Mutuku.
In the case, Kariuki , ASL , Wow Beverages Limited, Peter Njenga Kuria, Robert Ithinji Muriithi, Geoffrey Kaaria Kinoti Mbobu, Simon Maundu, Eric Mulwa and Kepha Githu Gakure have denied failing to remit the alleged taxes between 2016 and 2018.
