A Nairobi court has declined to allow a former general manager charged with stealing Sh 254 million from a renown publisher Malkiat Singh from traveling to India for specialist treatment.
While dismissing the application, Milimani principal magistrate Caroline Nyaguthii declined to allow Cheekati Narasimha Rao from traveling saying he has not proved that he cannot get the same treatment in Kenya.
She said Rao has not presented any evidence to prove that he require specialized treatment in India since the last time he visited hospital in Kenya is eight months ago,
“I have considered the rival submissions by lawyer Kimani Wachira for Malkiat Singh that the accused is merely hoodwinking the court to permit him to travel to India to seek treatment which is available in Kenya,” Nyaguthii stated.
She added that the complainant has proven that the accused will abscond when allowed to leave the country since Kenya has no extradition treaty with India,
“If this court allows Rao to travel he might never be traced and repatriated back to Kenya to face justice,” ruled Nyaguthii.
The magistrate further noted that even though Rao has opted to deposit an additional of Sh 500,000 to the cash bail he had deposited in the court, that is not a guarantee that he will return to Kenya to face charges.
The magistrate rejected the evidence by the accused that he was travelling to India to visit his ailing father.
Nyaguthii said the accused has not presented any evidence to prove the claims that he wanted to visit his ailing father in India.
“Rao has not presented a birth certificate to prove that the man he claims to be his father is actually his father,” she noted.
She also observed the charge of tune by the Investigating officer to withdraw an affidavit he had filed opposing the release of the passport to the accused person to travel to India for medication.
The court also observed that the immigration department had obtained orders not to allow the accused person to travel outside the country.
Further the magistrate concurred with Kimani for Singh that the accused person has not presented any evidence of the vast investment he claims he claims to be having in the country.
The court noted that Rao is charged with stealing Sh 254 million which is a large amount of money and the court require substantial prove that the suspect will return to face justice.
She dismissed Rao’s application to be allowed to travel to India to seek specialized treatment saying the same can be available in Kenya.
Rao has denied stealing Ksh 254,461,768 million on diverse dates between January 1, 2016 and August 31, 2024 within Nairobi city county jointly with others who were not in court being a servant of Printing Services Limited.
During the time of the offence, he was the employee of the said company.
He was further charged with forging the signature of Indian-Kenyan author and publisher Malkiat Singh Dhillon, in an attempt to falsely promote himself as a Managing Director of the company.
According to the prosecution, he committed the alleged offence on April 1, 2010, at an unknown place within Kenya.
He is accused of forging Malkiat Singh Dhillon’s signature on an appointment letter that falsely promoted him to the position of a managing director in the company.
The letter was purported to have been signed by Dhillon who is the Managing Director of the company.
