According to the tycoon Humphrey Kariuki, the accounts are at Kenya Commercial Bank and National Bank respectively.
The accounts were frozen during investigations into accusations for failure to pay taxes amounting to Sh41 billion that is a subject matter of a criminal case brought against Kariuki and his co-directors.
The tycoon’s lawyer Cecil Miller told vacation judge Justice Jessie Lesiit, that the application is urgent and ought to be disposed off, as the orders obtained by the DPP, have affected parties who are not subject to the criminal case pending before the Chief Magistrate’s court.
“The orders ought to be set aside as they have caused great prejudice to innocent parties and especially the workers who need to be paid their salaries,” the applicant argues.
The applicant argues that the DPP concealed material facts which the court ought to have known before entertaining the application.
It is the position of the application before the High Court, that the DPP had been denied the preservation orders by Milimani Chief Magistrate’s court and the DPP opted to proceed to Kiambu where he obtained the order without disclosing the same had been refused by another court with competent jurisdiction.
The preservation orders are to last for period of 90 days and will cause great prejudice to the workers, they argued.
Justice Lessit has granted the DPP five days to file a response to the application by African Spirit who will be required to also file a supplementary affidavit if need be.
The judge further gave direction to the effect that the fourth interested party, the Kiambu Chief Magistrate be served with the application.
The Attorney General will also be served ahead of September 17 when the matter comes for inter parties hearing.
