By Lilian Otieno
The court has terminated the prosecution of billionaire Mohan Galot and his wife Santosh on grounds that the criminal charges were malicious.
The outgoing Nairobi Chief Magistrate Daniel Ogembo said the three criminal files brought before the court had no sufficient evidence to warrant the billionaires’ prosecution.
Galot and his wife Santosh were to be prosecuted over alleged forgery and fraud arising from the transfer of a prime property belonging to the Galot family business empire without the consent of co-directors.
The dispute was between the tycoons and their nephews Pravin Galot and Rajesh Galot
The charges were preferred against the couple after their nephews complained that 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 both their names.
The magistrate said Pravin lodged his bid as a complainant long after the charges had been preferred against the two but the companies listed in the case never complained against the accused.
“In view of the submissions filed in court, I am convinced the charges leveled against the accused have no basis and I hereby withdraw the charges and acquit the accused persons under section 204 of the criminal procedure code,” Ogembo ruled.
The section states that once a complainant has no interest in the matter the accused person is automatically acquitted.
The ruling now sets the stage for the tycoon’s Ksh 5 Billion damages claim against the state over alleged malicious prosecution.
Galot had earlier on objected to his trial saying it was a gross violation of his fundamental rights to a fair trial.