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Court drops Nairobi tycoon's fraud case

By Kamau Muthoni | Published Wed, December 28th 2016 at 00:00, Updated December 27th 2016 at 21:22 GMT +3

 

Businessman Mohan Galot with his wife, Santosh, at the Milimani Law Courts in Nairobi on June 16. [Photo: David Njaaga/Standard]

Nairobi businessman Mohan Galot is now a free man after three criminal cases filed against him were dropped.

The businessman won a protracted legal duel before Chief Magistrate Daniel Ogembo (now a judge), with the court noting that the companies registered as the complainants in the case wanted to have the cases withdrawn.

"I am convinced that the application by the complainants to have these cases withdrawn has merit," observed Mr Ogembo, adding: "The accused are accordingly acquitted of all charges in all three cases."

The tycoon and his wife, Santosh Galot, had been charged with forgery claims touching on alleged transfer of a prime property belonging to the Galot family business empire, without consensus of other directors.

At the heart of the case were his nephews Pravin Galot and Rajesh Galot, who raised complaints that their uncle and aunt had forged public officers' signatures in the Lands ministry and Registrar of Companies to transfer three prime properties to MG Park Ltd. The couple, however, denied the claims.

The trial court also noted the two are directors of the companies that had been alleged to have complained against them.

"The accused are the directors of the complainant companies who have expressed the wish to have these cases withdrawn as they do not wish to pursue the same. The companies have confirmed that they never lodged any complaints leading to the arrest and arraignment of the accused to court," ruled Ogembo.

He noted that Mr Pravin could not be taken up as the complainant in the case as he was not registered anywhere in the statement of offence.

The court found that although Pravin was mentioned in the charge sheet, he could not have been deemed as a valid complainant by the court.

"A complainant is one mentioned on the particulars of the offence as read out and as pleaded to by the accused," said Ogembo.