The Director of Criminal Investigations (DCI) is expected to go back to the drawing board after the court on Monday barred his office from examining billionaire Humphrey Kariuki’s bank accounts in a Sh41 billion tax evasion.
The DCI had obtained orders to freeze the tycoon’s bank accounts.
The Director of Public Prosecution and DCI had asked the court to ensure the accounts remain frozen until the case is heard and determined.
The two officers made the application at the Kiambu Chief Magistrate's Court. The target accounts in the case were National Bank of Kenya (NBK) and Kenya Commercial Bank (KCB). The DCI and DPP told the court that the monies in these accounts were proceeds from dirty dealings.
The businessman has since maintained that he is a law-abiding citizen who has paid his taxes amid the probe. Lawyer Cecil Miller told the court that the order is malicious. While delivering his ruling on the matter Justice Luka Kimaru said their decision was reached without proper investigations.
“It is evident that there is an element of jurisdictional overreach by the DCI on matters which are statutorily under the jurisdiction of Assets Recovery Authority (ARA) and KRA," the judge said, as quoted by Daily Nation.
He also said that there are agencies tasked with dealing with issues of money laundering.
He challenged the DCI and DPP to work with the agencies to probe the tycoon in the matter.
The accounts that had been frozen belonged to Belgravia Construction Limited, Janus Continental Group Limited, Wow Beverages Limited, Rhine, Azalea Holdings Limited, Dalbit Petroleum Limited, Kisima Management Company Limited, Africa Spirits Limited (ASL), Hart Limited and Section Investments Limited.