Billionaire Humphrey Kariuki battles dual citizenship in court

Business mogul Humphrey Kariuki Ndegwa, the owner of Africa Spirits Limited who is facing a tax evasion investigation worth Ksh 3 billion, has moved to court to challenge a law on the declaration of dual citizenship.

Detectives who questioned Mr Kariuki on the alleged evasion of taxes amounting to Sh3 billion were surprised by the realisation that he is a citizen of Cyprus.

This incident happened when Africa Spirits, which is based in Thika, was shut down on February 8 after illegal ethanol and fake Kenya Revenue Authority stamps were found during an inspection.

During the raid, police seized an estimated 21 million counterfeit excise stamps and 312,000 litres of illicit products valued at Sh1.2 billion.

Later, the Kenya Revenue Authority obtained orders freezing 11 accounts associated with the businessman over the alleged evasion of taxes amounting to Sh3 billion.

The businessman took court action on Tuesday, his goal being the suspension of the section of the law that specifies punishment for failure to disclose dual citizenship.

Mr Kariuki is challenging provisions of Section 8(4) of the Immigration Act which prescribes a fine of Sh5 million, three years’ imprisonment, or both, if one fails to disclose this status within three months of acquiring it.

Mr Kariuki wants the law suspended and eventually declared unconstitutional, arguing it limits freedom of movement as guaranteed by the Constitution.

“It is disproportionate and excessive to punish Kenyans working abroad through conviction and stiff sentencing on account of an administrative issue of disclosure that can be achieved through less restrictive means,” said his lawyer Benjamin Musyoki.