Milimani-based Magistrate Francis Andayi agreed with an earlier order that requires Kariuki to only present a surety to guarantee his attendance in court/FILE
NAIROBI, Kenya, Sep 26 – A Nairobi court has rejected an attempt by the Director of Public Prosecutions to vary bond terms in order for businessman Humphrey Kariuki to get his passports back.
Magistrate Francis Andayi agreed with an earlier order that requires Kariuki to only present a surety to guarantee his attendance in court.
The DPP wanted Kariuki to get back his Sh11 million cash bail and instead post a higher bond and a surety.
Kariuki through lawyer Cecil Miller argued that the travel documents had been released to him by another court only for the order to be reversed due to a multiplicity of cases in court.
Kariuki said he needs to travel abroad to attend to his vast business interests.
He told the court that the security posted was sufficient to guarantee his appearance in court. He pointed out that while Kariuki had since February travelled outside the country frequently, he had presented himself to the DCI over 10 times as required in addition to his willingly returning to take plea when he was charged.
He said he wanted the documents released to him indefinitely, arguing that due to his frequent trips, it would be unfair to ask him to return to court every time he wants to travel abroad.
The court however said Kariuki should return the passport to court when he returns and can write to the court indicating when he wants to travel next and get approval.
Meanwhile, Africa Spirits Limited has asked a Nairobi court to order the re-opening of its Thika-based factory.
The company through lawyer Cecil Miller argues that the fate of over 500 employees hangs in the balance following closure of the factory.
Miller told Magistrate Francis Andayi on Thursday that he wants evidence taken at the factory as soon as possible after which it should be handed over to the company.
He said since the prosecution had rushed to charge Kariuki and his co-accused, they should be equally quick to prosecute the case.
He said there was concern over machinery at the factory and perishable products stored there.
He also said the company does not have access to cash in the factory which should be handed back to the CBK in line with the order to recall old Ksh 1,000 notes.
He wondered what would happen if the prosecution delays prosecuting the case as has been witnessed saying there was a possibility the status quo could remain for even two to three years from now making it necessary to have it re-opened to safeguard the interests of the company.
The court has allowed the directors to visit the premises by Saturday and collect any old Ksh 1,000 notes and take them to the bank. It has also directed that the issue of re-opening the factory be dealt with substantively before the Court.
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