Unprepared Prosecution delays start of Humphrey Kariuki Case

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Businessman Humphrey Kariuki with his lawyers at Milimani Law courts

The prosecution is still not ready to begin the trial against businessman Humphrey Kariuki and others in a tax demand cases eight months after investigations started.

On Thursday, assistant Director of Public Prosecutions Vincent Monda asked a Nairobi Court to grant 21 more days to enable them supply witness statements and other documents to be used in the cases.

Monda told the court that the documents sought are voluminous which include 10 boxes full of invoices.

He said they had supplied some statements to the defence but admitted there are more documents that need to be provided.

Lawyers Kioko Kilukumi and Cecil Miler for businessman Kariuki said they had been supplied with 27 witness statements late on September 4 and 23 exhibits.

They however told the court the inventory indicated more documents were still to be supplied.

Monda asked the court to grant 21 days for all the three cases before court to be mentioned on September 26.

Defense lawyers said they wanted the prosecution to supply all the witness statements and other documents by September 20 and not on 26th when the cases will be mentioned.

Chief Magistrate Martha Mutuku directed the prosecution to comply, and that the two files placed before her be mentioned on September 26th.

Mutuku was handling the matters as trial magistrate Francis Andayi was not sitting.

She asked the prosecution to ensure documents are served on the defence before September 20 and file the inventory duly signed by the defence on or before September 26th.

The same orders were issued by Principal Magistrate Kennedy Cheruiyot in one of the cases before him.

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