Businessmen out to put government in the dock

Businessmen have separately sued the state seeking over Sh8.8 billion over malicious prosecution. Mohan Galot and Erick Mwirigi Mbaaru are seeking Sh5billion and Sh3.8billion respectively. Galot alleged that the pending prosecution in two separate criminal cases is a violation of his rights while Mbaaru’s criminal case has been suspended by the High Court. Mbaaru the managing director of Edenswin Traders Limited has sued the trial magistrate, the Director of Public Prosecutions, the National Police Service Commission and the Inspector General of Police, claiming he was unlawfully prosecuted. Galot is charged alongside his wife Santosh over their status as shareholders and directors of the multi billion companies. Lawyer Nelson Havi for Galot told the court that there was already three civil cases pending in court which are yet to be determined. High Court Judge Mumbi Ngugi heard that the two criminal cases relating to Galot Industries Limited were instituted by the DPP against  Mohan and his wife. Mohan in a petition filed at the High Court wants the Attorney General Githu Muigai and Director of Puiblic Prosecutions Keriako Tobiko, and two of his relatives Pravin Galot and Rajesh Galot  directed to pay him general damages.The companies at the center of the dispute are Galot Limited, Manchester Outfitters Limited, Galot Industries Limited, King Woolen Mills Limited, Galot International Limited, Mohan Meakin Kenya Limited, London Distillers Kenya Limited and MG Park Limited. Galot wants the court to quash the entire proceedings in the two criminal cases and issue an injunction prohibiting the DPP and the magistrate’s court and  from handling the matter pending the outcome of the civil cases. The case was adjourned upto March 20 for further hearing. “The decision to charge me was irrational, discriminatory and unconstitutional and it was an abuse of office and powers for ulterior motives,” said Mbaaru. Mbaaru avers  he was arrested on April 21 2012 at Home Land Hotel along Thika Road and directed to report to the Criminal Investigations Department headquarters for questioning. Mbaaru was charged with obtained Sh21,768,475 from Wu Ji, in the pretext that he could export hides and skins from Kenya to China on diverse dates between March 30 and November 3 2011 in Nairobi county. Mbaaru denied the charge but argues that the case has ruined his business.The petitioner also claims that he was not given the right to be heard and to produce export documents for investigations into international business dispute. He pointed out that he indeed exported the skins to China between March and November 2011. “The state held all the export documents and my international business records so that they may prosecute me,” he said. The petitioner insists the Kenyan government has violated his constitutional rights by unlawfully concealing his export records in order to charge him. He claims to have exported one container with a total of 2,000 dozens of wet blue goat skins to Wuji. Two more containers were exported in July 2011, with 2,000 dozens each. Mbaaru pointed out that he exported more containers during that period, and is now seeking compensation for losses that arose from defects in goods and services. “Needs compensation for loss of finances and international business deals worth millions of dollars, my dignity and international reputation,” read the suit papers.