The director of public prosecutions (DPP) has for the fourth time failed to furnish tycoon Humphrey Kariuki with evidence in the Sh41 billion tax evasion case against him and others seven months after they were charged.
Defence lawyers Kioko Kilukumi and Cecil Miller told the trial magistrate Martha Mutuku they were only supplied with statements of seven out of 28 witnesses.
“We are yet to receive statements of 21,” Mr Kilukumi told Ms Mutuku.
The prosecution was accused of defying a court order to avail all the exhibits and witnesses statements by January 14.
“We find it difficult in setting this case set for hearing while the prosecution has not complied with this court’s order,” argued Mr Kilukumi.
Mr Miller said one year had passed since alcohol manufacturer Africa Spirits Limited (ASL), charged alongside Mr Kariuki, was closed down.
Over 600 employees had since lost their jobs and the government billions of shillings in tax.
Other defence lawyers concurred with Mr Kariuki’s defence team saying they too were yet to receive complete evidence.
Ms Mutuku took issue with the prosecution for failing to supply the evidence, saying its absence “means the prosecution is not ready.”
She fixed the case for mention on February 26 to establish whether the prosecution will have complied with orders. The DPP insists all the evidence was supplied.