SIGN OF RELIEF FOR MOHAN GALOT AS CONSTITUTIONAL COURT STOPS THE CRIMINAL PROCEEDINGS OF ALL SIX CASES AT THE LOWER COURT

Justice James Makau at Milimani Constitutional Court where he granted Stay in all the six criminal cases Mohan Galot was charged with. The stay order will last until the petition filed before him is heard and determined. PHOTO /CHRIS OJOW

SIGN OF RELIEF FOR MOHAN GALOT AS CONSTITUTIONAL COURT STOPS THE PROCEEDINGS OF ALL SIX CASES AT THE LOWER COURT.

By Chris Ojow

Justice James Makau in his short ruling at Milimani law Court Nairobi County Kenya on Thursday 23rd May 2019 at 10.38 am East Africa Time.

Granted Stay in all six ongoing criminal cases at the lower criminal Court until the Petition filed before it is heard and determined.

Justice James Makau also stopped any impending arrest of the applicants, detentions, investigations or any further Prosecution of criminal charges against the petitioners until the Constitional Court will give directions.

The State Prosecution objecting to any stay requested by the petitioner was overruled by the Constitutional Court.

And the State was given 14 days to file their response a head of the next mention date in June 17th 2019 at 9am.

The office of the Attorney General did not oppose the stay requested by the petitioners leaving the matter to be decided by the Constitional Court.

There was a brief verbal exchange between the Petitioners through their lawyer Tiego and the Complainants Lawyer Ernest Kamau Kaka .

The Complainants lawyer Ernest Kamau Kaka raised an objection demanding to be enjoined in the proceedings since his clients Pravin Golot who is the subject of dispute and others were adversely mentioned in the matter.

A move the Petitioners Lawyer Mak’ogonya Tiego aggressively opposed, the State and the Attorney General office took a neutral response on the issue of Pravin Galot being enjoined in the Matter.

However Justice James Makau overruled and directed the Complainants Lawyer Ernest Kamau Kaka to file his application highlighting and detailing his grounds within a period of 14 days.

The Constitutional Court was also informed by the Petitioners lawyer Tiego on the issue of the pending cases at both the High Court and Supreme Court.

In case 55 where the bench, a three judge bench granted stay in the matter of Manchester Outfitters but the Complainants through their lawyer Ernest Kamau Kaka went against the order by claiming that his client Pravin Galot was the Director.

Due to the ongoing Judiciary changes, the reshuffle affected the Proceedings of the matter 55 and the parties are waiting for the Chief Justice to reconstitute another bench to handle the matter.

Petitioners Mohan Galot the first applicant , Rajeev Modi, Pushpinder Singh Mann, Jophece Yogo, Galot Industries Limited, Manchester Outfitters Limited, King Woollen Mills Limited now Mohan Meakin Kenya Limited and London Distillers Limited as the eighth applicant.

Under certificate of urgency the Petition was served to Inspector General of National Police Service as the first respondent, the Director of Criminal Investigation, Director of Public Prosecution, the Chief Magistrate Court Nairobi and the Attorney General as the fifth respondent.

The Petition was filed after a series of nonstop harrassement Police officers resulting into unnecessary arrests, fabrication and duplications of charge with sole mission to take over the Investment and Companies of the applicant by the Complainants Pravin Galot and his team.

Justice James Makau stopped all the six criminal cases proceedings at the lower Criminal Court until the Petition filed before him is heard and determined.

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