The Director of Public Prosecutions (DPP) has obtained orders preserving the properties and freezing all accounts and assets of businessman Humphrey Kariuki who is facing a Sh41 billion tax evasion charges alongside others.
The assets include aeroplanes, ships and other immovable property. The DPP obtained the orders of August 9, 2019.
However, the businessman has filed an application seeking to reverse the orders granted to the DPP by Milimani Resident Magistrate Caroline Nzibe.
In the application, also filed at the Milimani Law Courts in Nairobi, Mr Kariuki has asked the court to reconsider staying the orders.
He says the court erred in seizing properties of Wow Beverages Limited.
In the application of freezing the properties, DPP named Wow Beverages, African Spirits Limited and the businessman as respondent.
Through his lawyer Benjamin Musyoki, Mr Kariuki says the orders have the effect shutting down, crippling and thwarting the business of Wow Beverages Limited.
"In view of the grave excessive, punitive and unjustified harm loss, damage and prejudice, Wow suffers loss of business," says Mr Musyoki.
In court documents Mr Kariuki says the orders were obtained in bad faith since he did not take plea on August 9, 2019, but on August 19, 2019.
He says the order is an attempt by the DPP to usurp powers vested in him and is an abuse of a court process, contrary to the Constitution.
"There is no evidence of any risk or dissipation of any of the assets placed before court which include Aeroplanes, ships and other immovable properties," Mr Musyoki adds.