BUSINESSMAN NOW OBTAIN ORDERS BARRING DPP, THEIR UNCLE FROM PROSECUTING THEM IN FIGHT FOR MULTI-BILLION EMPIRE.

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Businessman Mohan Galot before Milimani Senior Principal Magistrate Peter Ooko and denied nine counts of making a document without authority and giving false information to person employed in a public office on Monday March 18,2019. PHOTO BY S.A.N.

BY PHOEBE WANJOHI.

The High court has stopped Director of Public Prosecution Noordin Haji from prosecuting businessmen Pravin Galot and Rajesh Galot over claims of forgery.

In a ruling, Justice John Mativo also barred Mohan Galot from instituting private prosecution against Pravin and Rajesh.

“I also issue an order of Prohibition, prohibiting the said Mohan Galot either by himself or acting through the Director of Public Prosecutions or any other person acting on his behalf from further prosecuting the applicant in Private Prosecution Case Number 2 of 2017 or charging the said Pravin Galot and Rajesh Galot in any court in Kenya with any offence premised on the same facts as in the impugned private prosecution case”, ordered Justice Mativo.

The Judge ruled that Pravin had presented sufficient material to demonstrate that there was basis to justify the orders he sought.

“Accordingly, I allow the applicant’s Notice of Motion dated 13th March 2017 and issue, an order of certiorari quashing Nairobi Chief Magistrates Private Prosecution Case No. 2 of 2017, Republic through Mohan Galot v Pravin Galot, Rajesh Galot and Director of Public Prosecutions,” ruled Justice Mativo.

The judge added that the substance of the complaint in the intended private prosecution was that the nephews conspired to defraud their uncle Mohan and Galot Industries Limited.

Mohan claimed that they forged company resolutions, minutes, letters and that they have continued to file parallel annual returns. He further accuses the two of illegally appointing themselves as directors of Galot Industries Limited.

The second applicant was premised his application to commence private criminal prosecution on an alleged failure by the DPP to act on his complaints against the applicant and Mohan.

Pravin filed a Notice of Preliminary objection to the said application saying the application was made without leave of the court as ordered in HCCC No. 430 of 2012.

He also stated that in view of the said order, the Magistrate’s court lacked jurisdiction to entertain the application.

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