Billionaire businessman Humphrey Kariuki on Wednesday received favourable orders regarding an application to have his accounts frozen filed by the office of the public prosecutor.
Big win for Humphrey Kariuki after today's court order
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DPP Noordin Haji had sought orders to extend freeze orders on accounts held by nine of the businessman's companies for the duration of the case against him.
Kariuki had, however, explained to the court that his employees would be affected by the move given that their salaries are drawn from the funds in the frozen accounts.
The High Court thwarted the DPP's application declaring that the accounts could be reactivated.
DPP Haji had moved to the High Court to challenge a decision made by Kiambu Senior Principal Magistrate Stella Atambo last week.
Orders improperly obtained
According to Magistrate Atambo, the freeze orders could not be upheld since they had not been granted by the court.
"The orders that were consequently extracted by the investigating officers included orders of preservation of accounts, an order that was never granted by this court even though the court signed the extracted order which contained the subject preservation orders.
"The order for preservation can thus be said to have been improperly obtained. It is not sincere for the prosecution to submit that this court has no jurisdiction to correct own mistakes. The prosecution cannot be allowed to ride on orders it never sought and now allege that the court’s hands are tied," she explained.
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