The Director of Public Prosecutions Noordin Haji wants billionaire businessman Humphrey Kariuki stopped from addressing the media on his tax evasion woos.
On Monday, Haji took issue with the businessman's tweet in which he said he would address the media outside Milimani Law Courts after the mention of his alleged tax evasion case.
After being informed of the tweet by his assistant Vincent Monday, Haju requested the Nairobi Chief Magistrate to gag the billionaire.
But Kairuki's lawyer objected to the request, telling the court that all accused persons still have a right to express themselves as long as they don't offend the sub judice rule.
The rule governs what public statements can be made about ongoing legal proceedings before, principally, the courts.
Ms Mutuku declined to rule on the matter, saying that the application should be submitted to Francis Andayi, who is the trial magistrate.
After the court session, Kariuki and his legal team issued a brief statement.
"Thank you very much for being here. We have nothing much to say other than we will be coming back again on the fifth of this month for further mention. For now, that's all we have to say any thing else will be able to communicate later on," said Kariuki's laywer Cecil Miller.
The prosecution confirmed to the court that they are yet to supply the defence with witness statements.
The court has since summoned the investigating officer to appear on Friday to confirm if they have complied with the orders issued on August 16, to supply Kariuki's team with all documents pertaining to the case.
This is after the defence lawyers protested that the DPP and Directorate of Criminal Investigations have failed to supply them with the evidence they intend to use against Kariuki.
In the cases the city billionaire is facing tax evasion charges relation amounting to more than Sh41 billion by Africa Spirits and Wow Beverages in Thika.
Kariuki, Wow Beverages directors Robert Thinji Muriithi, and Africa Spirits Directors Peter Njenga Kuria and Geoffrey Kaaria Kinoti Mbombua are facing a total of 21 counts of tax evasion and being in possession of counterfeit excise duty stamps.
They are each out on a cash bail of Sh 10 million.