Business tycoon Humphrey Ndegwa files a petition at the High Court challenging the Immigration Act

Billionaire tells court to suspend law dealing with crime he allegedly committed

Mark Mwithaga

March 27, 2019 12:11 PM

This should be suspended

Businessman Humphrey Kariuki

Business tycoon Humphrey Ndegwa, who is facing tax evasion charges, moved to court on Tuesday, to challenge the law of dual citizenship.

Ndegwa, who holds a Cypriot passport, was claimed to have not revealed the information to immigration officials and thus should be punished.

DCI Kinoti shocked as Nairobi billionaire Humphrey Kariuki reveals he is a citizen of Cyprus Pulse Live Kenya

Section 8(4) of the Immigration Act states that an individual who fails to disclose his/her dual citizenship within three months is liable to pay a Sh5 million fine, three years imprisonment or both.

The owner of the WOW Beverages company, pointed out that the law did not put into consideration for exceptions if the time stated elapses.

Through his lawyer Benjamin Musyoki, Ndegwa remarked to the High Court that it was unfair and oppressive to subject a person to such a punishment and the law should be suspended.

“The matter before court does not only concern the applicant but also thousands of Kenyan citizens by birth who have acquired citizenship of other countries, who are apprehensive to enjoy their right to enter Kenya due to the real fear and danger of being arrested at the airport on account of a crime under this law,” stated Musyoki.

The businessman who is also the owner of The Hub shopping mall located in Karen, explained that he owned the foreign passport since May 2016 which he has used several times to and from Kenya.

He further highlighted that it had been stamped 19 times without being questioned by immigration officials.

KRA freeze Ndegwa's accounts

Last month, Ndegwa’s 11 accounts were frozen by the Kenya Revenue Authorities (KRA).

Business tycoon Humphrey Ndegwa Pulse Live Kenya

KRA had obtained orders to freeze accounts in Equity, National Bank of Kenya and Kenya Commercial Bank (KCB) associated to the tax evasion worth Sh3 billion.

The tax authorities highlighted that WOW Beverages Limited, Wines of the World Ltd and African Spirits Ltd had illegally denied the agency collection of huge amounts of tax.

Mark Mwithaga