BY SAM ALFAN.
High Court has dismissed a miscellaneous application by Nairobi tycoon seeking to stop his prosecution.
Justice George Odunga disallowed Mohan Galot application saying the application lacked merit.
The judge said there was no allegation made against the trial court and no orders were sought against the trial court.
The businessman moved to the high court through a miscellaneous application after he was served with a charge sheet by the prosecution. His defense led by Prof Tom Ojienda and Wandugi Kiraithe opposed the move by prosecution strongly.
“It has not been alleged that there is a risk that as a result of the adverse publicity to be generated by the intended prosecution of the applicant, the applicants’ right to fair trial is threatened. In fact, no allegation has been made against the trial Court along those lines and in these proceedings, no orders are expressly sought against the trial Court, which Court is in fact yet to commence the criminal proceedings against the applicant” ruled Odunga.
He is now going to face forgery charges before a Nairobi Magistrate Court.
According to charge sheet served to Galot, he is accused that on 5 of August at an unknown place in Nairobi jointly with others not before the court with intent to defraud forged CR 12 REFC 19267 of Galot Industries Limited purporting it to be genuine documents signed by Registrar of company Nicholas Odour.
He is also accused that on or before April 2016 at Milimani High Court within Nairobi jointly with others not before court knowingly and fraudulently uttered a forged CR 12 REF 16594 registered in the name Manchester outfitters limited purporting to be a genuine document signed by the registrar of companies Mr Joseph Sakoi.
Last week Galot escaped arrest warrant by a whisker.
This is after he failed to appear in court to take plea as ordered by Chief Magistrate Francis Andayi.
The Magistrate said it was not proper for the accused not to be present since there is no order from this court or the High Court staying the proceedings.
However, the magistrate did not issue arrest warrant since it was not sought by the prosecution.
Family members Pravin Galot, Rajesh Galot and Iranda Masiko-document examiner among 10 listed witness by police.
