It is a blow for businessman Mohan Galot and three others after the High Court dismissed a case in which they were seeking to stop several criminal cases filed against them.
Justice Freda Mugambi ruled that the issues raised in the petition had been previously dealt with by other courts of concurrent jurisdiction.
In the case, Galot contended that six criminal cases have been filed by his nephew, during the pendency of the civil cases, allegedly with the support and assistance of the Director of Public Prosecution, the Director of Criminal Investigations and the Attorney General.
Galot, Rajeev Modi, Pushpinder Singh Mann and Jophece Yogo; two directors and Company secretary of four of his companies; Galot Industries, Manchester Outfitters, Kings Woolen Mills and London Distillers wanted to stop the six cases filed against them at the Magistrate’s court.
Justice Mugambi noted that the evidence before her showed that there had been no less than five pronouncements made by courts of concurrent jurisdiction which have all dismissed similar applications for stay or withdrawal of the criminal proceedings.
“I have no doubt that the issues that the petitioners seek to argue and challenge in the current petition are well settled albeit by different divisions of the High court,” the Judge ruled.
Justice Mugambi added that the petition and the previous suits and applications had a common thread running through, all which was the question of the independence of DCI vis a vis their right to fair trial, the right to fair administrative action; the violations of their constitutional rights and the question of stay of criminal proceedings.
“I have taken note of the circumstances of this petition. I reiterate my finding that the issues raised in this petition have been previously canvassed in other forums which the respondents expended time and costs to defend. The petitioners then filed this petition which again, the respondents have successfully defended at their cost. On this basis I am inclined to award costs to the respondents,” Justice Mugambi ruled.
She observed that there was an untidy, embarrassing and perplexing situation created by a multiplicity of applications and suits that have clogged the judicial system for an inordinately long time, some spanning to close to 17 years.
“This state of affairs must be discouraged by all means. While it is the case that every person must have his day in court, it must also be remembered that justice delayed is tantamount to justice denied. There are parties who await justice in the numerous matters that have been filed,” she noted.
Galot and his nephews Pravin Galot, Rajesh Galot and Narendra Galot have been embroiled in court battles over the ownership and operations of the said companies.
The petitioners, Mohan Galot, Rajeev Modi, Pushpinder Singh Mann and Jophece Yogo claimed that the smooth operation and business affair of the four companies have been threatened and continued to be threatened by the institution of the criminal charges against them.
Galot claimed in the petition that there were irregular activities of forgery, corruption and collusion between officers of the DCI, DPP, the AG and his nephews.