Why Judge Ordered Release of Humphrey Kariuki Passports

The Director of Public Prosecutions (DPP) suffered a blow on Thursday after a Nairobi Court returned businessman Humphrey Kariuki passports to allow to travel abroad for business.

Milimani Senior Principal Magistrate Kennedy Cheruiyot said that Kariuki had voluntarily handed himself to the police when he learnt he was being sought for questioning over tax evasion.

Cheruiyot said: I find that the accused person presented himself to the Directorate of Criminal Investigations (DCI) when required to do so even though he was out of the country at the time”.

He added that he found no reason to prevent Kariuki from flying out of the country.

“I direct that his two passports be released to him allow him to travel abroad as may be necessary,” he ruled.

The Magistrate said that his decisions are in line with the constitutional requirement that a person is innocent until proven guilty.

Kariuki’s Lawyer Cecil Miller assured the court that his client would attend all the three court cases filed against him by the DCI.

Miller led the defence team that included Lawyers Ben Nzkayo and Ms. Rubeen Dar.

The new directive is the second blow to the DPP after Wednesday decision by the court not to reinstate an order freezing accounts of nine companies associated with the businessman.

The nine companies are Dalbit Petroleum Limited, Azalea Holdings Limited Rhine Hart Limited, Kisima Management Company Limited Section Investments Limited, Wow Beverages, Janus Continental Group Limited, Belgravia Construction Limited and ASL.

The DCI accuse Kariuki of failing to pay taxes to the Kenya Revenue Authority amounting to Sh41 billion.