Director of Public Prosecution (DPP) Noordin Haji is seeking the consolidation of the Sh41 billion tax evasion case against business tycoon Humphrey Kariuki with two others.
The other cases are on possession of uncustomed goods and fake custom receipts.
A prosecutor said Monday that the DPP made this decision as the witnesses and the exhibits are the same.
The DPP applied to have one of the tax-related cases that is before Senior Principal Magistrate Kennedy Cheruiyot mentioned before Chief Magistrate Francis Andayi for consolidation.
But when the accused appeared before Mr Cheruiyot for the hearing, it turned out that the DPP was not ready as he sought to consolidate the three cases.
“We will not be ready to proceed with the hearing today, tomorrow and Wednesday as l have been directed by the DPP to have the matter mentioned before Mr Andayi on December 22 for purposes of consolidation of the three cases," said the prosecution.
But Mr Kariuki, who is charged alongside five people, opposed the move through lawyers Kioko Kilukumi and Cecil Miller, saying “it’s now been a year and four months later since the cases were filed in court yet the trial has never taken off”.
Mr Kilukumi and Mr Miller termed the DPP’s move an abuse of his prosecutorial powers, the court process and the accused person's right to a fair hearing.
"It is an abuse of the court process for the DPP to wait one year and four months to write to the court, on December 4, on his intention to consolidate the three matters,” said Mr Kilukumi.
He urged the court to decline the adjournment sought by the prosecution and order the hearing to proceed, also saying that his client’s reputation as an international businessman has been affected.
"This application is misplaced and meant to delay the hearing. The intention of this case is not to get justice but to persecute the accused," added the defence.
Mr Kilukumi further noted that when the accused were charged in court on August 9, 2019 the DPP opened three different files on several counts including forgery, money laundering and tax evasion.
The defence also disputed the prosecution’s claim that witnesses and exhibits are similar, saying the charges against the accused persons are different.
The lawyers also noted that the continued closure of Thika-based beer manufacturer Africa Spirits Limited and Wow Beverages Limited for the past 16 months has affected the livelihoods of thousands of workers and their dependants.
Last month, the DPP withdrew charges against businessman Stuart Gerald Herd, a former director at WOW Beverages, under section 87 (a) of the criminal procedure code.
The court will rule on December 8 on whether to grant the DPP’s requests for adjournment and consolidation of the cases.
