A Nairobi court has ordered a criminal case against a city tycoon Mohan Galot to proceed without further delay.
In his ruling Milimani Chief Magistrate Francis Andayi on Monday afternoon said that the businessman has no orders from superior courts restraining him from proceeding with the trial of case against him.
In the case Mohan is facing nine counts of Making a document without authority, uttering a false document and giving false information to person employed in a public office.
The businessman and his wife Santosh had lodged an application seeking orders to stay their further prosecution relating to the 22 counts of fraud and forgery after the High Court in June last year reinstated the charges against them.
They wanted the matter stayed on grounds that they are the directors of the of the Galot Group Companies and there is no way they would be complaints and at the same time be accused person in the case.
The duo were charged afresh with 22 counts of fraud after the high court overturned magistrate’s decision not to prosecute the tycoon on September 3, 2017.
The High Court reinstated the charges against them after the lower court had terminated three cases of forgeries after the charges were found to be defective.
Mohan Galot and his wife Santosh who are directors of Galot Group of Companies were acquitted by former Milimani Chief magistrate Daniel Ogembo who has since been appointed as a High Court Judge following application by their lawyer Kiraithe Wandungi saying the charges were not properly drawn since there is no complainant.
Ogembo in his ruling noted that the battle for the control of the Galot Group of Companies has serious legal differences with several applications pending in court.
Mohan had applied for stay at the higher courts which were all dismissed thus ordering the trials at the subordinate courts to proceed.
However, andayi said the other two criminal matters where Mohan is charged alongside his wife will remain suspended pending the outcome of the high court applications.
Andayi also noted that the the accused persons move to file several matters in various courts is an attempt to delay the proceedingsin the cases from taking off.
While dismissing the application to stay the cases he said that galot has been filling similar application seeking the same orders.
Mohan Galot is accused on the January 18, 2002 at unknown place with intent to defraud and without lawful authority made a certain false documents namely notification of change of directors and secretaries of King Woollen Mills Limited Company numbers 21676 purporting it to be a genuine documents made by the directors of King Woollen Mills Limited Company. He is facing other charges.
Prosecution alleged that on March 18, 2002 at Sheria House Registrar of companies offices Galot knowingly uttered false document namely notification of change of directors and secretaries of King Woollen Mills Limited Company numbers 21676 dated January2002 to Registrar of companies.
He is also accused on or about the May 18,2007 at unknown place with intent to defraud and without lawful authority made a false document namely annual return for the year 2006 of king woollen mills limited company purporting it to be a genuine document made by the directors of king woollen mills limited.
The family has fallen out over the ownership and control of the Multi billion Shilling businesses, which include Kings Wollen Mills, Manchester outfitters limited and London Distillers where several cases are still pending in the court.
In cases Mohan and his wife had been charged with forging the companies documents and interfering with the particulars of directors and shareholders of Kings Woolen and Mohan Meakin.
Prosecution had alleged the two had forged the signatures of public officers in the ministry of Land and Registrar of Companies to transfer three prime properties to MG Park Ltd without the consent of the other directors of Galot Industries.
Earlier the couple had informed the court that Pravin Galot a nephew to them is not a director or shareholder of companies namely Galot industries limited and Kings Woolen Mills Limited.
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