High court has stopped the private prosecution of Galot family brothers Pravin and Rajesh Galot by their uncle Mohan Galot.
In the judgement, Justice John Mativo ruled that the applicant (Pravin Galot) had presented sufficient material to demonstrate that there is basis to justify the orders sought.
“In view of my above reasoning, the conclusion becomes irresistible that the applicant’s Notice of Motion dated 13th March 2017 is merited. Accordingly, I allow the applicant’s Notice of Motion 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 further issued an order of prohibition, prohibiting the said Mohan Galot either by himself or acting through the DPP or any other person acting on his behalf from further prosecuting Pravin in Private Prosecution Case No. 2 of 2017 or charging him and his brother in any court in the Republic of Kenya with any offence premised on the same facts as in the impugned private prosecution case.
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 citing two grounds, namely, that 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.
Justice Mativo said he was conscious that before him was a judicial review application and not an appeal against the Magistrates ruling as argued.
The Galot brothers and their uncle have been in and out of court suing each other over the control of the Galot companies including King Woolen Mills Limited, Galot Limited, Manchester Outfitters Limited among others.
Mohan Galot is already facing several charges of forgery and uttering false documents.
The judge noted that there existed 14 interrelated suits pending in the High Court involving substantially if not all the parties herein and the various companies.