Speaking to kenyagist.com, Kariuki’s lawyer Cecil Miller said that magistrate Kennedy Cheruiyot acquitted his client in a case where Kariuku had been charged with being in possession of 80 drums of untaxed ethanol.
“There were three cases and now that the magistrate acquitted him, only two are left; the Ksh 40 billion tax evasion case and the excise duty stamps case,†he stated adding that the mention of the remaining cases would be on December 22.
However, the office of Director of Public Prosecutions said that it plans to appeal the ruling immediately.
A source from the DPP’s office intimated that some pieces of evidence went missing and that suspected police officers have been charged in court.
In his ruling, Cheruiyot criticized that no witnesses had been presented in court after 16 months.
“This court finds the DPP has not availed witnesses and l acquit the accused under section 202 of the Criminal Procedure Code for want of prosecution,” ruled Cheruiyot.
“If the complainant (prosecution), having had notice of the time and place appointed for the hearing of the charge, does not appear, the court shall thereupon acquit the accused,†reads Section 202 of the Criminal Procedure Code in part.
Kariuki, who owns an alcohol manufacturing firm was charged after a consignment of 250-litre drums found in his factory following a raid in January 2019.
In a similar ruling, former Nairobi Governor Evans Kidero’s son, Ronald Odhiambo was acquitted after Chief Magistrate Francis Andayi criticized the DDP’s office for lack of “willingness†and support in prosecuting the case.
Ronald had been accused of dealing in 40,000 litres of fuel which did not meet the Kenya Bureau of Standards specifications.
“Witnesses, some from the energy regulatory commission, have never come to court. Police have also acted in a way to show they were not interested in the prosecution of the case.
“In the circumstances and since the court has not had any witness in the matter, I, therefore, have the case terminated under section 202 of the Criminal Procedure Code,†ordered Andayi.
Source: KENYAGIST.COM