The Director of Public Prosecution (DPP) Noordin Haji has filed an appeal against the decision of a magistrate court to acquit alcohol tycoon Humphrey Kariuki and five others from criminal charges of tax evasion and being in possession of un-customed Sh7.4 million ethanol.
The DPP has termed the decision made by Milimani senior principal Magistrate Kennedy Cheruiyot last week as unfair and the acquittal was without any factual or legal basis.
He wants the High Court to quash or set aside the magistrate's ruling which also acquitted Mr Kariuki’s co-accused Peter Njenga, Robert Thinji, Eric Mulwa, Kepha Gakure, African Spirits and Wow Beverages.
Through State counsel Carol Sigei, the DPP also wants the court to direct the matter to start a fresh before another trial magistrate.
Mr Haji argues that the magistrate erred in failing to discharge his judicial duties of maintaining an accurate and proper record of the proceedings hence the entire proceedings are a nullity.
He says the magistrate considered irrelevant or extraneous matters thus arriving at unjust decision in law.
Mr Kariuki was accused of evading over Sh14 billion tax, a charge he has denied. The DPP opened three different files on several counts including forgery, money laundering and tax evasion. Two other cases are still pending before other magistrates