Businessman Mohan Galot at Nairobi court where he was charged in a Nairobi court in May 2014 with forgery and fraud.
BY SAM ALFAN.
Nairobi court on Tuesday gave businessman Mohan Galot who is in the centre of family feud and his wife Santosh charged with forgery and fraud three weeks to prepare an application they intend to file regarding their prosecution.
When the case came up for mention before Nairobi chief magistrate Daniel Ogembo yesterday, lawyers representing Mohan Galot and his wife Santoshi Galot sought for an adjournment.
The couple was charged in a Nairobi court in May 2014 with forgery and fraud, but went to the High Court to block the prosecution.
They denied eight charges of forgery and fraud and were each released on Sh500,000 bail.
The two are fighting their nephews for the control of a multibillion-shilling business empire. The couple was charged in May 2014 with forgery and fraud, but moved to the High Court to block the prosecution.
They denied eight charges of forgery and fraud and were each released on Sh500, 000 bail. Two months ago the two lost the application to stop their trial when Justice Mumbi Ngugi ruled that there was no merit in their petition.
The judge said the couple will be entitled to a fair hearing before the trial court. The tycoon had lodged a Sh5 billion damages claim against the State over alleged malicious prosecution.
He said that was instigated at the behest of the Director of Public Prosecutions in spite of pending civil cases relating to the matter.
Mr. Galot said his intended prosecution “is a gross violation” of his fundamental rights to a fair trial.
The charges were preferred against the couple after their nephews, Pravin Galot and Rajesh Galot, complained they had forged signatures of public officers in the Lands ministry and registrar of companies to transfer three prime properties to MG Park Ltd without the consent of the other directors of Galot Industries, including Pravin and Rajesh.
The charges against them states that on about July 30, 2007 at Registrar of Companies in Nairobi, jointly with others not before court, the two obtained registration of Galot Industries company
directors claiming to have been signed and issued by Registrar of Companies Wilson Gikonyo.
They are also said to have forged a certain document namely transfer on property Grant No. IR.36270 LR.122867/6 purporting it to be genuine transfer signed by Registrar of titles Fredrick Lubulielah. The matter will be heard on April 12.
Earlier last year Galot got a temporary reprieve after a magistrate’s court directed his defence team to seek clarity from the high court on whether he should be charged with forgery or not.
Senior Principal Magistrate Joseph Karanja gave the orders after lawyer Kibe Mugai served the court orders issued by Justice Mumbi Ngugi on March 12 remain in place until the accused and claimant appear before the high court for further directions.
The magistrate said after going through the proceedings of the high court he realized there was need for the two parties to liase with the high court for clarity on the orders. He said the high court orders which barred the respondents in the case from arresting Mr. Galot until the matter is heard and determined remain in place.
Last week Mr Galot declined to take his plea after his defence team tabled in court a high court order stopping his prosecution in relation to ownership of company in dispute.
Galot lodged a Sh5 billion damages claim against the State over alleged malicious prosecution.
Mr Mohan Galot, who is embroiled in a legal tussle with his relatives over the control of a family business, want the court to declare that his arrest and subsequent prosecution over forgery is illegal.